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HomeMy WebLinkAbout10-07-1970 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: WEDNESDAY, OCTOBER 7, 1970 - 7:30 P.M. PLACE: SARATOGA CITY ~OUNCtL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA TYPE: REGULAR MEETING I. ORGANIZATION .A. ROLL CALL The me~ti~ ~as called to order at 7:33 P.M. All Councilmen were present. B. MINUTES Moved by councilman Smith that t~e minutes of September 16 be approved as mailed with the following corrections: Page 2, last line, first paragraph should read "life" instead of "like"; Page 10, 5th line from the bottom should ~ead "Mr. Marshall". Seconded by Councilman Bridges; carried unanimously. II. BIDS & CONTRACTS A. PURCHASE OF INDUSTRIAL TRACTOR AND ACCESSORIES PURCHASE The City Manager stated that in accord with the approved budget, the OF TRACTOR City advertised for bids for an Industrial Tractor and Front End Loader to replace the old Ford tractor. A bid of $7,599.29 was received on October2 and it is recommended that staff be authorized to issue a Purchase Order. The Director of Public Works stated that although eight letters had been sent out and bidders had been given an opportunity to bid with whatever deficiehcies their equipment had,~ apparently they chose not to do so. He noted that this was a larger tractor than the regular type, and this was the. only bid received. Moved by Councilman Smith that the purchase', be authorized subject to approval by the Management Committee, seconded by Courfcilman Sanders; carried unanimously. B. ACQUISITION OF FRUITVALE WALKWAY EASEMENTS 1. Agreement with M. Sigall 2. Agreement with A.H. Brolly !'RUITVALE City Manager Huff stated that these were the agreements for the acquisition ~ALKWAY of the ~asements for the walkway and they have been negotiated by the Public Works Director through the representative of M.~ Sigal~ and through Mr. Brolly, himself. The.property was identified by the Director of Public Works for the information of the Council. He explained that the property flared ~ut to '20 feet. due to widening of the road at San Marcos~wh~l~th~e _ is a transition from two to four lanes. The price was established at one- ~ half the estimated value of the property on a square footage basis at $18,000.00 per acre. The walkway runs from four to six feet. . M~ved by Mr. Smith, seconded by M~. Sanders the Mayor be authorized to exe~ ~ cu[~ the agreements with Mr. Sigall and Mr. Brolly; carried unanimously. C. ACCEPTANCE OF CONSTRUCTION - PARK DRIVE STORM DRAIN ARK DRIVE City Manager Huff'reported that't~e Park Drive storm drain'project has been TORM DRAIN Completed and the Director of Public Works recommends that the projected be accepted and the notice of completion b~ filed. This is the time to authorize that acceptance. The DireCtor of Public Works stated that the original es~imate~' was $16,000 and the price was actually $12,000. f .t ~bITY COUNCIL MINUTES - OCTOBER 7, 1970 - CONTINUED Moved by Mr. Sanders, secondedby Mr. Smith for acceptance of the construction storm drains on Park Drive; carried unanimously. III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. ORDINANCE NO. NS~3~ZC-53 SERVICE City Manager Huff reported that the Public Hearing on ~his matter had been TIRE noticed for the last meeting andl the Public Hearing was held. The City COMPANY Council closed the hearing at that meeting and this is the time for adoption if the Council so desires. This change of zoning is in conformance with the General Plan. Moved by Councilman Dwyer; secohded by Councilman Smith for adoption of Ordinance No. NS-3-53; carried ~nanimoUsly. B. ORDINANCE 38.35 - AN ORDINANCE AMENDING CHAPTER 10~ THE CITY CODE, BY ADDING PROVISIONS AUTHORIZING O~FICERS AND EMPLOYEES TO ARREST PERSONS FOR VIOLATIONS OF STATUTES OR' ORDINANCES. ORD. 38.35 'City Manager Huff stated that this Ordinance is presented in connection with a new system proposed to issue citations to people violating the Zoning Ordinance, the idea being that this will reduce materially the time involved in bringing violations into confOrmance. This~gives authority to l~t~orized~me~bers Of the ~ty'staff to issue citations for_violations. (~Cc~opies~-~t~_p~_oP~s_~e~d__cifa[i~'f~n~e~'Y~¥~"~ttorney and 'a~proved Iby the California State Judicial Council were distributed to members of the City Council). [__i Councilman Smith stated that the P~b!is We!fzre Committee Pad discussed this in connection with enforcement of our Zoning Ordinance, They felt it was important to consider a Zoning Officer on a part or full time basiscat the next budget session or by the Management Committee prior to that time. A report from the Planning Director stated that there was no doubt an Enforcement Officer or Ordinance Administrator would be an asset to the City. Councilman Sanders stated that Councilman Dwyer and himself were very favorably'disposed to recommending an, Enforcement Officer be hired in the very near future. They have discussed this with the Sheriff's Department, who are very supportive of this type of recommendation which would increase the efficiency ~e'~f__rtment a~d~e~'City ~ithout objection, Mayor Robbins introduced erdinance 38,3~ and referred the matter to the ~blic Welfare Committee for ~eport at the ne~t regular ~eeting, C. RESOLFrlON NO. MV-~5 - ARESOLUTION AUTHORIZING YIELD SIGNS ON NORTHAMPTON DRIVE AT MILLER AVENUE RESL'N. Councilman Sanders stated that the Public Works staff has made a traffic MV-25 study on the Miller Avenue-Northampton Drive intersection and it is recommended that the Council authorize the installation of the Yield signs on the Northampton approaches to the intersection of Miller Avenue and Northampton Drive. In addition, they recommended that the Engineering Department should review the intersection approximately one month after installation of these signs' to determine the~e~ts_~e yierdTYigns. Moved by C~uncilman Dwyer for adoption of R~solution MV-25, seconded by Councilman Sanders; carried unanimously. - 2- ' 'C~TY COUNCIL MINUTES - OCTOBER 7; 1970 - CONTINUED James F. Naugle, 12072 Ingrid Court asked that the data collected from the traffic survey be made available to the Homeowners Association for review and a definite date set to review this traffic problem again. Many of the residents feel quite strongly that Yield signs will not solve the traffic problem on Miller Avenue. Mayor Robbins suggested that Mr. Naugl'e contact the City offices one month after the signs are erected and ask for results of the ~e-s~Udy. The .results of the original Ftudy are a~aii'abI~ now. Planning Commissioner Martin asked that the City check the lbcation'of-the 25 m.D.h isign nea~C_o~_~_4d-Lt~r~_~n~ if iLiS_t~c~,ect ~Se~'f~oo~'Cox A~n~e~ D. RESOLUTION NO. 549 ~ A RESOLUTION APPROVING CONCEPT OF OPEN SPACE PRESERVATION AND SETTING UP PROCEDURE FOR ESTABLISHING AGRICULTURAL PRESERVE. RESL'N The City ~anage~'stated that the City Attorney has prepared this resolution to NO. 549 establish the procedure for setting up an Agricultural Preserve under the AGRIC- Williamson Act. The Resolution was read in full by the City Manager. ULTUR~L PRESERVE Mayor Robbins stated that this has been'studied extensively by several members of the City Council and the League of W~men Voters. This Resolution is only an enabling factor so that the City can:consider any parcel that might be suitably ip~se~ved as-open space., · ? The City Attorney stated that this Resolution was a compilation of the California Farm Bureau and County wording. With regard to the Garrod application, as far as timin~ is concerned it might be wise to direct the Clerk to. set a Public Hearing. L ......... Council~n Sanders stated that he felt the City was fortunate to have a property ~er take this action and hoped that mare s~ch opportnnities would present themselves. Wlthout objection, Resolution No. 549 was referre~ to the Management Co~ittee for review and reeo~endation with regard to fees. ~EQI~T which generated the preparation of the Resoln~ion~_~pro~ing_the_.d~cept of Open PO~ spaee prese~,a~io~ and w~i~h wa~ referred to the ]lannlng_Oepa~ment £o~ thereport AGRI~ required by the Resolution. In ~his report, Mr. Walker outlines the areas involved CLrL%URAL and reconmaends that a preserve be created. This does not specifically address PRESERVE itself to the scheduling of the Public Hearing but this might~be the appropriate time to do so. Th~ City Attorney noted that there,were several jurisdictions involved a~dlthat Mr. Garrod hoped to have this completed by December ist. Mayor Robbins noted that the land within the County was in Saratoga's sphere of influence and the County may be waiting to see what decision we make. He directed the City Manager to set a Public Hearing' at the earliest possible date., F. RESOLUTION NO. 36-B-122 - RESOLIrrION ACCEPTING DEDICATION OF STREETS IN TRACT 4123, BOUNTIFUL ACRES, AND AUTHORIZING RELEASE. OF BOND. RESN. City Manager Huff stated that there was a recommendation from the Director of 36-B-~22 Public Works that the streets have been completed in accord with the approved improvement plan and all deficiencies have been corrected and recommending that they be accepted into the City street system and the bond be released. Moved by Councilman Smith to ~:adopt gesofu~ion'No. 36-B-i22 ~e T~ 4123, ~conded by CSuncilmaTn Sande~s;'~cafried",~u~lanl~]~uu~lyl ...... G. PETITION PERTAINING TO THE DEVELOPMENT OF GARDINER PARK ' GARDINER City Manager HUff reported that a petition had been received donraining approximately PARK 100 signatures, requesting the_at the City acquire the land owned by George Day between i_~ortos ~!~ve and GardinerP~r_k.'and prepare a plan for development and make ~unds available for initial development of Gardiner Park. CITY COUNCIL MINUTES - OCTOBER 15, 1970 - CONTINUED Mayor Robbins stated that this had been considered at some length. He called for an Executive Session at the end of the regular meeting tonight to discuss the matter with the City Attorney. He noted that the City did not have cost information on the triangular portion and instructed the staff to negotiate with the owner or lOwhers with regard to price. He referred the request for d~velopment funds to the Management ~ Committee to make a recommendation with the advice of the Parks and Recreation Commission. He noted that the budget does specify some funds for park development but not for this particular park. Mayor Robbins expressed surprise at the number of people who had signed this petition since when originally proposed, the park had met with considerable opposition. IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS. A. SDR-857 - CAL WEST COMMUNITIES, INC. - SARATOGA AVENUE - RevisiSn of Tentative Map and Request for Exception SDR-~57 City Manager Huff stated that the primary re~son for this provision is that this CAL WEST property is being developed as a condominium and the interior streets are to be private streets through various segments of the property which may be actually recorded as separate parcels. The City Attorney advises that this procedure is necessary to permit the development of these lots as separate parcels. The Planning Commission has ap~roved the revised tentative map. The Planning Commission pointed out that these are hot residential lots - they contain a swimming pool and recreation areas. Moved by Councilman Smith, seconded by' Councilman Dwyer that the request for exception be approved; carried unanimOUsly. B. SDR-85~ - CAL WEST COMMUNITIES, INC. - SARATOGA AVENUE -. Request for Permission to Use Plastic Type ABS-DWV pipe for soil, waste and vent pipe :AL WEST City Manager Huff staled that a letterthad been received from the mechanical {EQUEST FOR and engineering contractor for this project requesting that plastic soil, waste JERMISSION and vent pipe and fittings be permitted because they were permitted in several i~0 USE adjacent cities. The Chief Building Official requested the applicant to pro- 'LASTIC vide some additional information to justify the request and ~tg_,~te no-additionall ~IPE ~i~form~tibn.has been submitted.' Mr.'~-Hu~f.-statedl-that,about three years ago the j time investigation revealed that the pi~kwas subject to fire and heat damage and therefore the Council finally agreed to approve it for sewer laterals but not for other uses requested. No new information has been received to justify this change and the City Manager recommended denial of the request. Councilman Dwyer wondered whether it were possible that improvements in those area have occurred of which the City is unaware and which might make this re- quest possible. Councilman Smith stated that there are homes in Saratoga which do have plastic pipe and suggested that this be studied further since we are the only City which has this requirement. Moved by Councilman Dwyer, seconded by Coun&ilman Smith that the request for permission to use plastic pipe in SDR-857 be denied; carried unanimously. C. TRACT 4628 - GREENBRIER UNIT #1 - Release of Bond posted to Guarantee Acquisition of Storm Drain Easement and Payment of Park Land Fee or Dedication of Park Land ~TRj~6'~8 City Manager Huff reported that Ditz-Crane, the developer of Greenbrier Unit #1, GREENBRIER had submitted bonds to ensure that the park and recreation fee would be paid UNIT #1 or land would be dedicated at such time as the City decided which to accept and also to ensure the acquisition of a Storm Drain easement since at t~ time - 4- · CITY COUNCIL MINUTES - OCTOBER ~, 1970 - CONTINUED of the subdivision the State was reluctant to grant an easement across the State owned land. The storm drain easement has been acquired, the Parks and Recreation fee has been paid by the developer and Mr. Huff reconm~nded that the bond posted to guarantee these items be released. Moved by Councilman Sanders, seconded by Councilman D~wSfe~r~ that the bond in Tract #4628 be released; carried unanimously. D. SDR-867 - HERBERT KAUFMAN, DDS - Final Building Site Approval - One Lot - Vaquero Court SDR- City Manager Huff reported that Dr. Kaufman has met all the conditions r~quired and ' 867-1 posted all the!~c~7!f,e~~ this would be the time for adoption 'ofltResolu~pR____J KAUFMAN ! ~DR. ~67F l_g~n~B~_F_i_n~l__S_i~e~ap~r_*oval. Moved by Councilman Smith, seconded by Councilman Sanders, for ~doption of SDR ~7-1i carried unanimously. E. SDR-859 - ROGER W. ROSS - Final Building Site Approval - One Lot - Saratoga Hills Road SDR- City Manager Huff reported that Mr. Ross h~ met all the conditions except for the 859-1 recorded Record of S~r~____ey or*p~rcel map and the submission of an Offer of Dedication. ROGER He recommended adoption of Resolution SDR-859-1 granting Conditional Final Site ROSS Approval subject to these two conditions; Moved by Councilman Sanders, seconded.by Councilman Smith for adoption of Resolution SDR-859-1; carried unanimously. F. SDR-712 - JERRY JORDAN - Acceptance of Improvements and Release of Assigned Savings Account. SDR-712 City Manager Huff reported that here again was a recommendation from the Director of JORDAN Public Works that all improvements required in connection with this SDR have been corrected and recommending release of the assigned sayings account. Moved by Councilman Sanders, s&conded by. Councilman Smith that the assigned savings account be released; carried unanimously. V. PUBLIC HEARINGS A. ORDINANCE NO. NS-3-23 - Hearing on Proposed Zoning Ordinance Relating to Time Limit Extensions under Conditional Reclassffication. ORD. NS-3-23 City Manager Huff reporte~ that the Planning Conmission has approved this TIME LIMIT and recommended it in order to giv'e Council the final decision relating to EXTENSIONS time extensions under conditional reclassification. Moved by Councilman Sanders, seconded by Councilman Smith to waive the reading of Ordinance No. NS;3-23; carried unanimously. Mayor Robbins opened the Public Hearing at 8:37 P.M. and without objection introduced Ordinance No. NS-3-23. ~ Moved by Councilman Dwyer, seconde~ by Councilman Sanders that the Public Hearing be continued; carried ~nanimously., Mayor Robbins Ordered the hearing continued to October 21. ' ' B. VL349 - JOHN WALLACE - LUMBERTOWN ~ANE -iA~_Appeal ~o the, Coui~cil of the Planning Commission Decision to:Deny the Variance - Continued from 9-16-70 V-349 City Manager Huff reported that this matter had been continued from the last JOHN WALLACE meeting. No additional evidenc~ has been submitted for the file. Mayor Robbins explained that the hearing had been continued to give the 'applicant and his neighbor an~opportunity to investigate to their satisfaction the alternative of a perpetual easement. He opened the Public Hearing at 8:42 P.M. - 5 - ' CITY COUNCIL MINUTES - OCTOBER 7, 1970 - CONTINUED Harold Goldsmith, Lumbertown Lane addressed the Council. He stated that he was disappointed in the consideration of this matter before the City Council and the Planning Commission. He said a permanemt easement had been explored, but it would not satisfy Mr. Wallace or himself. Mr. Dwyer stated that ehere had been considerable discussion at the last Council meeting with regard to an exclusive easement so that nothing could be installed on the upper pad and nobody could come on the property without Mr. Goldsmith's permission. Mr. Smith stated that his committee had recommended that the variance be granted. He shared with the Mayor the thought that it could be worked out if an easement could be worked out, however, this does not appear to be possible at the present time. He felt that whether or not we grant the variance was the matter under discussion at the present time. He felt that this was consistent with the Ordinance and that we should set a hearing de nova and discuss the merits of the case and consider the five tests for the variance. Councilman Bridges agreed that this should be the course of action. Mr. Dwyer questioned whether the hardship had been created because of the feelings of the parties or because they actually existed. Mr. Sanders stated that he would like to review the Committee report because originally when he read the request and the background he felt that the conditions of the variance had been met and would like to refresh himself as to the Planning Commission's decision with regard to the ratio of lots. Moved by Councilman Smith, seconded by Councilman Bridges to hold a hearing de nova on this matter at the October 21 Council meeting and continue this hearing to that date; carried unanimously. C. GENERAL PLAN REVIEW FOR 1970 - Continued from 9-16-70 Mayor Robbins~p~ed 'the Public Hea~ing at~9:~O PLM.i .1970 Mr. A1 Dose, representing Van Hoag addressed the Council. He said the property in GENERAL question is generally south of Saratoga Avenue;West of the Paul Masson Winery; - PLAN parallel in part to Dagnmr Drive and involved 16.8 acres. This property is presently REVIEW designated R-I-IO,000 on the General Plan. There are a number of negative elements debilitating against development of any or all of this property: 1. The railroad tracks along the side of the triangle; 2. the proposed freeway; 3. P~G. & E. power lines; 4. The'~0nfi_guration of the property. Recognizing these problems, his clieRts have already applied for a rezoning to RM-5,000 PC. They are aware that the Planning Commission is extremely reluctant to recommend additional RM zoning. But it is also recognized that the members of the council and the Planning Commission and many of the citizens of Saratoga have expressed a desire that Saratoga have a genuine retirement community and his clients are committed to this concept, at least to the point of investigating it very seriously. They are requesting that the Council change the General Plan designation of this 17 acres to RM with a referral to the Planning Commission for its investigation as to suitability for this use. In response to ~ question from Mr. Sanders as to whether this was a type of cluster development, Mr. Doss replied that it would be and that the details of the PC would be worked out with the Planning Commission. Mr. Doss also stated that they would be willing to accept a condition that they would not rent to anyone under a certain age limit. Mayor Robbins stated that, at the last meeting, the Council had asked the Planning Director to prepare an estimate of the cost of a staff study of senior citizen housing. Mr. Walker replied that this program involves collecting data on population, population characteristics, making an inventory of suitable parcels; studying the development factors for retirement housing such as ~ize of units, age limits, types~of units and auxiliary facilities, the economics of d~velopment, land costs, development costs, management and maintenance; determiningwhat,other developers and agencies have done and setting forth an~analysis of alternative policy decisions for consideration by the Planning Commission and the City Council. With additional staff it would take approximately one month on a full time basis. Utilizing the. present staff, Mr. Walker estimated it would be a two month project. '- 6 - CITY COUNCIL MINUTES - OCTOBER 7, 1970 - CONTINUED Mayor Robbins stated that it was the consensus of the Council at the last meeting that they did favor this type of study. Without objection, he referred the matter to the Planning Committee for recommendation at the next meeting. Mayor Robbins referred to the Pierce Road-Ashley Road area. There is a recormnendation from the Planning Commission to change one lot. The City Manager has proposed designating the whole area low density. The Planning Director agreed that the City Manager's proposal to change all these parcels to one-half acre designation on the General Plan would solve more problems than it would create, but would still leave several non-conforming lots surrounding this area. Mr~ Sanders stated that what the City Manager had laid out was more or less what the Committee had in mind as a larger area buffer zone when the area was discussed one year ago. Mayor Robbins asked to see a road layout before changing the General Plan. He expressed concern about the increase in density which~ould result from a changecto half-acre zoning for the area described by the City Manager. Mr. Smith felt that if the COuncil'wanted to consider this it should go back to the Planning Commission. If not, he favored including the Wilson lot at this time. Bernard Borow, 21848 Via Regina Spoke on behalf of Mrs. Morgan, who owns the center piece directly opposite Paramount DriVe. He stated that this has been before. the Planning Commission for two years. He opposed referral back to the Planning Commission.. Mayor Robbins stated that it was the consensus of the Council that they would be willing to make a small change but not a major change without referring the matter to the Planning Commission. Mr. Borow continued that there were 15 or 16 acres involved here. He stated there was access to the Morgan property from Ashley Way. As to density he did not think it would be possible to get a house for every one-half acre because of existing lot lines and improvements. ~. F. Wilson, 12901 Pierce Road stated that he and his wife were the owners of the property which the Planning Commission proposed to change. He was inclined to sgree that the Planning Commission proposal would, solve his particular problem but not the area problem. Mr. Wilson favored designating the entire 15-16 acres for half-acre residential development so the property owners could make a joint effort toward solving specific development problems. Without objection, Mayor Robbins referred the Pierce Road-Ashley Road matter to the Planning Con~nittee. Fruitvale Avenue - Mayor Robbins stated that it was the consensus of the Council that a four lane road will be necessary although the Council would prefer to retain a two lane road. The City Manager has suggested that the City create a new traffic carrier called a Boulevard which would provide a wider landscaped R/W than is now required for a Thoroughfare. Without objection, this was referred to the Planning Committee. Parks~ Trails and Pathways - Mayor Robbins stated that thePlanning Commission had recommended removing the alternate central park designation from the area south of Redwood School. It was the consensus of the Council that we not remove this designation. Without objection, Mayor Robbins referred this matter to the Planning Committee, closed the Public Hearing for the evening and continued it to October 21. D. C-130 - SARATOGA FOOTHILLS DEVELOPMENT CORPORATION, FRUITVALE AVENUE - Request for Change of Zoning from "R-1-40,O00 (Single Family Residential) to "R-1-40,O00" P-C (Single- Family Residential Planned Community) Mayor Robbins stated that at the last meeting this item had been continued because the Council favored the concept of PC development but not necessarily this particular - 7 - CITY COUNCIL MINUTES - OCTOBER 7, 1970 - CONTINUED SARATOGA plan. FOOTHILLS DEVELOPMENT Jerry Lohr, 19802 Charters A~enue, President of Saratoga Foothills CORPORATION, Development Corporation stated that it had been their request and FRUITVALE the request of the owner to withdraw this application. He stated AVENUE that his company still believed strongly in the PC concept. However, as they continued to study this particular property they developed an alternate plan which does not require re-zoning. It would have the same street pattern as the PC proposal and would not prejudice further develop- ment. He reiterated their request to the Council to let them withdraw, without prejudice, their application so that they could go ahead and propose development of 38 acre lots which they have discussed at some length with the Planning Commission in a study session last week. They have a site development plan as required by the City and some renderings. Moved by Councilman Smith, s~conded by Councilman Sanders to~,close the Public Hearing. Public Hearing closed at 9:55 P.M. Moved by Councilman Smith, seconded by Councilman Dwyer to abandon proceedings. Carried 4-0 wi~h Councilman Sanders abstaining. Mr. Sanders asked that the record show that he had abstained from discussing or voting on this issue, He stated that since the developer now proposed to develop in accord with the existing R-i-40,000 zoning, the decision on application of the slope density formula and the use of split level houses remained to be made. He expressed the hope that whatever decision was made would not set a precedent for the entire central area. ~ E. UP-192 - ST. PATRICKS FATHERS - ERIC DRIVE - An Appeal to the Council on the Planning Conmission Decision to Deny a Use Permit UP-192 City Manager Huff stated that the St. Patrick's Fathers had applied ST. PATRICK'S to the Planning Conmission for a Use Permit to use a residence on FATHERS Eric Drive as a Parish House. The Planning Commission denied the Use Permit and this appeal came 'from.the St. Patrick's Fathers requesting that the Council over-turn the Planning Commission decision on the Use Permit. There were no questions or comments from the Council c~ the audience. The applicant was not present. Public Hearing opened at 10:02 P.M. Moved by Councilman Dwyer, seconded by Councilman Sanders to close the Public Hearing; carried unanimously. Councilman Smith noted that earlier this evening on df the St. Patricks' Fathers had been in the audience. It has been his understanding that they were going to ask for a continuance. Moved by Mr. Smith, to reopen the Public Hearing, seconded by Mr. Bridges; carried unanimously. Without objection, Mayor Robbins continued the hearing to the next regular meeting. VI. ADMINISTRATIVE MATTERS A. MAYOR KEVIN 1. Mayor Robbins stated that the meeting held with the Moran Family MORAN PARK with regard to dedication of the Kevin Moran Memorial Park was DEDICATION outlined in the minutes'of the Parks and Recreation Commission of October 5. DISASTER 2. Mayor Robbins reported that a preliminary meeting had been held to PLAN review the City's disaster plan. 3. A communication has been received from the County Housing Authority and enclosing a reprint of a speech given at the last ICC meeting. - 8 - CITY C([I. UNCIL MEETING - OCTOBER 7, 1970 - CONTINUED 4.A letter from neighbors near the Kevin Moran Memorial Park was referred to the City Manager for reply. B. FINANCE 1. Payment of Claims Moved by Councilman Smith, seconded by Councilman Sanders that the disbursements be approved as listed in the amount of $79,392.37 and that the Mayor be authorized to sign the warrants. Carried unanimously. C. COUNCIL COMMITTEES & COMMISSION REPORTS 1. Knapp Request Concerning Warde~ Road-Arroyo de Arguell~ Circulation Plan WARDELL Mr. Smith presented the report of the committee indicating that the current ROAD- development would not adversely affect the Kanpps and reconmnending that the ARROYO DE Public Works and Planning Departments be directed'io develop a Street ARGUELLO Circulation Plan for the entire Wardell Road-Arroyo de Arguello area in the CIRCULATION Northwest part of the City. PLAN Moved by Councilman Smith~ Seconded by Councilman Sanders to' accept the Committee report; carried unanimously. 2. Redberry Hidden Drive Annexation REDBERRY- Mr. Sanders reported that in May this Committee recon~nended that the City HIDDEN DRIVE require annexation to the City as!a condition of annexation to Sanitation ANNEXATION District ~4. They met with the applicant who has had difficulty trying to persuade the neighbors of the desirability of annexation. The Committee has examined the area and found that it is largely built up. The Committee now recommends that the City withdraw'its recon~nendation that annexation to the City be a condition of annexation%to Sanitation DiStrict ~4. Mr. Smith did want to indicate fo~ the record a real concern that we must adhere overall to the general principle of the Congress Springs precedent and emphasize that this is an exception to the general rule and is a unique and peculiar situation. Mr. Shook stated that he had had occasion to talk to the staff at LAFCO and they had indicated that they would not consider this a breach of this precedent. Moved by Councilman Dwyer, seconded by Councilman Smith that the Council approve the committee report and the City Manager be directed to draft a letter to LAFCO for the Mayor's ~nature emphasizing the City's continuing support of the Congress Springs_pFecent in regard to annexation; carried unanimously. : D. DEPARTMENT HEADS AND OFFICERS ENFORCE- 1. Planning Director's report on the need for an Enforcement Officer; Without MENT objection, referred to the PublicSWelfare Committee. OFFICER 2. Sale of Vehicles from Parking Lots SALE OF Mr. Walker stated that the approach is going to be through means of issuing VEHICLES a citation unless the City Attorney has developed more ~ffective procedure FROM PARKING to take care of the problem. LOTS' Without objection, staff directed to prepare a~ ordinance with regard to amending parking provisions of the zoning ordinance to cover sale of automobiles from shopping centers. 3. Gorman Zonin5 Violation GORMAN Planning Director Walker reported that the Council had requested that he ZONING and the City Attorney take steps to abate Mr. Gorman's alleged violation. VIOLATION - 9 - CITY COUNCIL MINUTES Z, OCTOBER 7, 1970 - CONTIED At one time a meeting had~been planned with Mr. Gotman and the C{ty Attorney and a representative from the Planning~jDepartment to attempt to express the City's position to him and advise him what he must do to conform. However, after some delay, Mr. Gotman refused to meet under these conditions. The City Attorney has now taken steps to prepare a criminal complaint against Mr. Gotman which was to be filed October 8. The County Welfare Department is also studying the possible revocation of Mr. Gorman'Zs license. They have given Mr. Gotman a time in which to comply with all requirements and that time is very nearly The City Attorney stated that the criminal complaint had been prepared and it would be processed through the Municipal Court on October 8. He stated that the City had tried to arrange a meeting involving the City, the Welfare Department, and Mr. Gormun. Mr. Gorman had agreed to participate in this meeting but after all the arrangements. had been made, he would not attend. No civil action has been filed because the City Council has not directed that this be done. Mr. Mary Steinberg stated that the neighbors were con- cerned about the safety. of the children due to the traffic engendered by this operation. He indicated that Mr. Gorman has now begun a night operation with children arriving as late as 3:00 A.M. M~. Steinberg requested that he or Mrs. Rawak be notified when this complaint is actually served. Mayor Robbins directed the staff to inform the Steinbergs or Mrs. Rawak when they are aware that the complaint has actually been served. Mr. Sanders stated that the Public Welfare Conm~ittee had considered this matter and discussed it with the Subdivision Committee of the Planning~Conmission in re- gard to eliminating this type of problgm. Councilman Dwyer pointed out that this,was the first time that this right has been abused within the City. Councilman Smith suggested that we proceed along the course of action which the City Attorney has set out and leave the specific details of carrying out the Council's direction to the discretion of the City Attorney. Moved by Mr. Smith, seconded by Mr. Dwyer that the City Attorney be authorized to proceed ~whatever way he deems adVisableT carried unanimously. The City Attorney pointed out that thelCity is entitled to recover all court costs and Attorney fees and this could constitute a lien against the property. Councilman Smith emph~9_~zed tha~ all the council and staff members and the citizens involved want action and want this violation stopped now. 4. Storm Drain - Vickery at Highway 9 STORM The Director of Public Works reported that this storm drain project was budgeted DRAIN for $6,000. However, as the project proceeded it became apparent that the cost VICKERY would run to approximately $8,000. He requested that the Council authorize that AT HNY 9 the additional funds of approximately $2,000 be re-allocated from the Miscellaneous Storm Drain Fund to take care of this extra cost. Moved by Councilman Dwyer, seconded by Councilman Sanders for authorization of the additional funds; carried unanimausly.~ ~' '~ ..... the material cost for 300 feet of 48" pipe will be $4~500 and Shook asked for authorization to purchase this pipe. So moved by Councilman Dwyer, seeonded by Councilmun Sanders;:earried unanimously. E. CITY I~NAGER 1. Kgport on the Youth eenter-~nteract Dance held Saturday~ September 26. YOUTH Briefly, the dance was held without a permit through a misunderstanding. The CENTER- Sheriff's Department did furnish off duty officers. INTERACT DANCE The second point of contention was the'noise factor. The Sheriff's Department received 55 complaints but was unable to effectively abate the noise until termination of the dance. - 10 - CITY COUNCIL MINUTES - OCTOBER 7, 1970 - CONTINUED The third factor was the disturbance at the end of the dance which resulted in the arrest of three individuals. There is some feeling that some of the deputies might have been over-zealous in maintaining order at the site and keeping people from crashing the dance, particularly since the crashing incidents which developed into the disturbance happened only five minutes before the dance was to end. Mr. Huff recommended that the staff be directed to review the City Code in regard to dance permits in general, and formalize the procedure and communication between the City Hall and the Sheriff's office, in regard to the permit issuing'~roce~s. Mayor Robbins directed the staff to contact the Sheriff's office to find out why the Department could not abate the noise when there were thirty calls before 10:00 P.M. He n6ted that street dances had a great deal of appeal and that the eventswould not have the same appeal if they were held indoors. He wondered if a change of location might be desirable. Finally, he recor~aended that this mutter be reviewed by the Youth Commission. Councilman Dwyer stated that this mutter had been discussed with a representative of the Sheriff's Department. They are very much opposed to street dances because of the possibilities for trouble. They feel that street dances attract people who are looking for trouble. Dan Kriege, President of the Saratoga Youth Center, stated that the Youth Center Was responsible for the dance which was held. He Hid not feel that the newspaper reports and reports to the council were complete. He stressed the fact that many youpg people worked very diligently for about three months to put on this dance to raise funds. He noted that these people had not been given any. credit. He stated also there was a mis- understanding with regard to the permit and the center felt they had received permission to hold the dance. Mr. Kriege.stated that a week prior to the dance the Youth Center had met with 50 of the youth, the chaperones and also a sheriff's Deputy to review the procedures for the dance. Mr. Kriege sta~ed that they were requested to reduce the volume and did so but the~e were three bands and whe~ a new band started playing the amplifiers were not always turned down again. Dr. J.J. Sitney said that, he felt one of the.pFoblems was that the dance was not advertised and therefore people in the area were not aware that it was to be held. Mrs. Cabby Sithey, 20306 Craigen Circle stated that she was present at the dance from 7:15 until 11:45 P.M. There were hundreds of youngsters in the area who were well behaved. There were many dedicated youngsters in the conmmnity who had worked hard to mske this dance a success. She stressed that it was a once-a-year affair. She felt that it was time that the complainants worked with these ~ids instead of complaining about the boise. She felt it was a beautiful affair, expertly handled and well planned. She asked that eredit be given for the fine work that that w~s done. Lorraine Pace, 20271 Saratoga-Los Gatos Road complained that deputies used unnecessary force in arresting 18 yean~old Ignacio Ramirez, who has a good reputation and has never been involved in trouble of this sort. As he was getting into his car to leave he was pushed out of the car and was hit just below the eye. He suffered a bad cut. He has a number of witnesses who say that he did nothing wrong. He was taken to jail and kept there from Sunday until Tuesday evening when he was released. No complaint was filed. Mrs. Pace said that he and his family were humiliated by the incident. She did not see the boy=~tru~k~but there were witnesses. She asked thattthat the Council request a report from~th~ Sheriff's Department on this particular incident. Mayor Robbins pointed out that the parents of this boy do have a legal right to muke a complaint. He also requested the City Manager to check into the mutter. Gerald Hanson, Elva Avenue, Advisor to the Interact Club and a faculty member at Saratoga High School stated that he was on duty the night of the dance. He was at the entrance when a boy tried to crash the dance five minutes before it was over. The Police Officer and he walked over. The boy had never been in trouble before that night, that he knew of, but was obviously under the influence of drugS. He tried to come in and the officer talked to him first and told him to leave. He just kept repeating that he was coming in. Mr. Hanson talked to him also. He was still talking to him when the police officer grabbed him a~ the two of them started fighting. Another officer came up and .they ushered the CITY COUNCIL MINUTES ~ OCTOBER 2, 1970 - CONTINUED boy out. Outside the dance there were a number of persons who were~bvious'~y under the influence of something. Mr. HanSon stressed that during all this disturbance the others were busy cleaning up the dance area. 'Shortly after 12:00, the barricades were removed and the parking lot was swept. He felt that credit was due to the group which did not participate in the disturbance. He also indicated that one of the witnesses named by Mrs. Pace had been in the forefront of those trying to escalate the trouble by shouting uncomplimentary phrases at the deputies. 2. SDR-767 - Dr. Abrams The City Manager stated that in May the C~ty Council had authorized a refund to Dr. Adams of storm drain fee in the amount of $4,620, paid in connection with SDR-767. Dr. Abrams requested the refund because h~abandoned plans to develop the property. However, Public Works incurred expenses amounting to $340.80 in the process of checking Dr. Abrams' plans and Mr. Huff recormnended that the City Council authorize the staff to delay refund of the storm drain fee until the City receives payment of · the inspection fee or that it be deducted 'from the refund. Without objection, referred to the Management Coranittee. VII. WRITTEN CO~4UNICATIONS 1. August Tr~ffi~ A~cid~nt. Sunmmry - Noted and filed. 2. Letter fro~ Valerie Vaughn urging steps to preserve the ecology. Mayor to acknowledge. 3. Letter from Jim Smith of Prospect High urging development of bicycle trails. Referred to Parks and Recreation Commission and Mayor to reply. 4. Letter from Mr. and Mrs. Kitchen pertaining to the Gorman problem. Noted and filed. 5. Chamber of Commerce Request for Ambulance Service. Dr. Abrams asked that the City Codncil a~sume responsibility to bring this required service to the City of Saratoga. He stated that the.Chamber could. not put pressure on the Board of Supervisors and asked that the Council study this carefully. He stated that the County staff has recommended that a Saratoga zone be established and as a resident of Saratoga he would like to make this request also. Without objection referred to rthe PublicSWelfare Committee for recommendation as to appropriate council action. 6. Letter from Kurt Voester complaining about the noise level at the Youth Center- Interact Club dance. 7. Letter from H.P. Seitter complaining about the noise level at the Youth Center- Interact sponsored dance. 8. Resolution from Palo Alto concerning sig~ regulation adjacent to expressways. ORAL 1. Jim Naugle, 12072 Ingrid Cour~ stated that he, Oskar Thurnher and Mrs. Kay Duffy 8f'Saratoga Beautiful have talked with the developer of Tire Service Company and during the discussion it came to light that they had actually wanted to install more landscaping in place of some parking spaces but were not permitted to do so. To explore this ~ith a committee of the Council, Mr. Naugle asked whether a meeting could be arranged to investigate how much more landscaping could be included or whether the ordinance could be interpreted in another way to improve the aesthetic quality of Prospect Road in that area. Mr. Walker replied that the Design Review Committee is going to meet with Mrs. Duffy, Mr. Naugle and Mr. Thurnher and representatives of the Tire Service Company to see if they can resolve this problem. 2. Councilman Smith asked the Administrative Ass~ rant about progress on the furniture for the Council Chambers. Mayor Robbins stated that he had looked ~t some of the designs and had asked the - 12 - CITY COUNCIL ~TES - OCTOBER 7, 1970 - CONTIMED staff to co~ up With some alternatives. VIII. ~JOURNMENT ' ' ~yor Robbins acknowledged the presence 9f Mary Moss, who ~e~ed coffee during the intermission; Dr. J.J. Sitney of the Good Gover~ent Group; Mrs. Sitney; Planning Comissioners Krause and Martin; Dan Walker; Mrs. Slade, Mrs. Cor[ and Mrs. Ottenberg of the Lea~e of Women Voters and Mrs. D~Vinney of Pacific Telephone and Telegraph Company. Mr. Sanders noted that Dan Walker had graciously consented to serve as Chairmn of the Saratoga Public Transit Comittee. The meeting adjourned to Executive Session at 11:55 P.M. At 12:05 A.M. the Council reconvened in open meeting and adjourned. Respectfully submitted :R