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HomeMy WebLinkAbout11-18-1970 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: WEDNESDAY, NOVEMBER 18, 1970 - 7:30 P.M. PLACE: SARATOGA CITY COUNCIL MINUTES, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA~ TYPE: REGULAR MEETING I. ORGANIZATION A. ROLL CALL Present: Councilmen Bridges, Dwyer, Robbins, Sanders and Smith. B. MINUTES Moved by Councilman Bridges that the minutes of the November 4 meeting be approved as mailed, seconded by Councilman Smith; carried unanimously. Councilman Dwyer abstained since he was absent from the November 4 meeting. II. BIDS & CO~TRACTS A. CHANGE ORDER ~1 - GLEN BRAE DRIVE C.O. ~1~ The City Manager reported that this is a proposed change order to provide GLEN BRAE DR. for surface drainage at the railroad crossing at Glen Brae for a total cost of $145.00. Moved by Councilman Smith, seconded by Councilman Dwyer for approval of Change Order #1 for G~en Brae Drive at a total cost of $145.00; carried unanimously. B;. CHANGE ORDER #1 - PROSPECT-MILLER SIGNAL C.O. ~1 Councilman Smith reported that the special committee assigned to review PROPSECT- this matter hadamet with Jim Naugle with regard tothe median width at this MILLER location. The committee and the citizens in the area were concerned that SIGNAL every effort be made to limit prospect to four lanes in accord with the announced policy of both the City of San Jose and the Saratoga Council. On the basis of this concern it was the opinion of the Committee that the intersection should be modified to widen the median and revis~.~ the signal installation accordingly. Steiny and Company, the contractors, agreed to make these modifications at a cost of $4,763.50. The Conunittee recommended that the Council authorize Change Order N9. 1, subject to the City of San Jose's approval of the modification arid payment of 50% of the cost. Moved by Councilman Smith for approval of Change Order ~1, provided the City of San Jose approves payment of half the cost, seconded by Councilman Bridges; carried unanimously. III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS None IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. TRACT 4828 - ARROYO DE ARGUELLO - COLUMBUS FOUNDERS SAVINGS & LOAN TR.4828 The City Manager reported that all conditions have been met. ARROYO DE ARGUELLO~ Councilman Dwyer moved for adoption of Resolution SD-835-1 approving the first map of ;Tract 4828, seconded by Councilman Smith; carried unanimously. B. C~134 - VAN HOAG - SARATOGA AVENUE C-134 The City'Manager reported that:a letter had been received from the_aD. Dlicant VAN HOAG [ requ'~fi~"gtl]f'~he C'i~y'Co'h'~fl'h'~l~ a public hearing on thi~s~ppli~atioH. Without objection, Mayor Robbins directed the City Manager to set a Public Hearing at the earliest possibie date. .- CITY COUNCIL MINUTES - NOVEMBER 18, 1970 - CONTINUED C. SDR-861 - CONRAD H. STIEBER (TIRE SERVICE CO.) - ONE LOT - PROSPECT ROAD SDR-861 The City Manager reported that this is the application for site approval TIRE SERVICE CO. in connection with Tire Service Company's recent re-zoning which was approved by the City Council. All conditions have been met except for payment of the storm drain fee and the provision of liability insurance in connection ~ith the street improvement agreement. Moved by Councilman Smith fo~ adoption of SDR 861-1, subject to submf~n~ ef storm drain fee and liability insurance policy,~seconded by Councilman~' bwyer; carried unanimously. D. SDR-652 - GENO CASTELLO - MONTALVO ROAD SDR-652 The City Manager reported tha't this.was a non-agendized item. The final GENO CASTELLO inspection has been made of the improvements and the DirectDr of Public Works recommends that they be accepted and that the bond and assigned savings account posted to guarantee improvements be released. This is on Montalvo Road at the intersection of Saratoga-Los Gatos Road. There is an offer of dedication on the parcel. Councilman Sanders arrived at 7:50 P.M, Moved by Councilman Smith for adoption of SDR-652-3 accepting the. offer of dedication and releasing the bond and assigned savings account, seconded by Councilman Bridges; carried unanimously. V. PUBLIC HEARINGS A. ORDINANCE NO. NS-3.25 - AN ORDINANCE AMENDING ORDINANCE NS-3 THE ZONING ORDINANCE, BY ELIMINATING LODGING HOUSES AS CONDITIONS USES IN R-1 ZONES, AND AMENDING CERTAIN PROVISIONS RELATING TO OFF-STREET PARKING FACILITIES. ORD. NS-3.25 Councilman Smith stated that the Planning Conm~ittee recommends that the AMENDING Council adopt Section 1 of the proposed Ordinance and delete Section 2. ZONING ORD. This recommendation is ba~ed on the need for additional study of the difficult balance required be~een the need for parking and desire to permit improvement of Village ~d9mmercial structures without imposing insurmountable requirements. To allow time for the necessary study the Committee recommends that Ord~hance NS 3.25 be adopted without Section 2 relating to parking requirements. Without objection Mayor Robbins opened the Public Hearing at 8:05 P.M. There were no comments from the audience. Moved by Councilman Smith, seconded by Councilman Sanders to close the Public Hearing. Public Hearing closed at 8:06 P.M. Moved by Councilman Smith for adoption of Ordinance NS 3.25, deleting Section 2, seconded by lCouncilman Sanders; carried unanimously. B. C-133 - M.W. FRAZIER~- SARATOGA AVENUE & COX AVENUE - PUBLIC HEARING ON A REQUEST FOR CHANGE OF ZONING FROM "A" (AGRICULTURAL) TO "C-N" (NEIGHBORHOOD COMMERCIAL). C-133 The City Manager stated that this was the time and place set and noticed FRAZIER ~ for the Public Hearing on this matter. There is a recommendation from the REQUESTITiFOR Planning Commission that this rezoning be denied. There are two letters CHANGE OF~ in the,~'f{t~i~opposing this rezo~ing. That is the total amount of correspondence ZONING FROM since ~he Planning Commission hearing. A TO C~N The City Attorney noted for the record that the Planning Commission file is resplendent with recommendations for denial. Mayor Robbins instructed that the file be included as part of the hearing. CITY COUNCIL MINUTES - NOVEMBER 18, 1970 - CONTINUED PUBLIC HEARING OPENED AT 8:10 P.M. Donald Tenenbaum, an attorney fo~ the applica~t_~ated that this involves a parcel of land approximately 7/8 'acre in size located at the southwest corner of Cox and Saratoga Avenue in the City of Saratoga~currently zoned A-Agricultural. The adjacent property on two ~ide? ~s~zo~e~ P-~. The Saratoga General Plan designated this parcel as P-A. The property itself is assessed at a value of $54,000 for tax purposes which is in excess of $60,000.00 per acre. The owners of the land wish to develop the property consistent with the assessed value; consistent with the adjacent property; and consistent with the General Plan. It was Mr. Tenenbaum's feeling that the only thing you could do with this piece of property would be to zone it industrial, commercial or P-A. He believed industrial zoning was out of the question because of the location, and P-A is also out of the question because a request for P-A zoning was denied in 1965. This leaves'only commercial zoning. The location and size of the property would limit the development to certain commercial uses, including 'service station hse. The average service station would not be appropriate. What the owners have found is a upique building - a beautiful, architecturally aesthetic building in a unique form - a service station without pumps or islands, which will blend with the area. The particular design and style have the backing of the Fire Marshall of the County of Santa Clara. Mr. Tenenbaum stated that Ray White~ a field representative'from Shell Oil was present to answer any questions. Ray White, Real Estate Representative, from Shell Oil stated that the facility they were talking about would generate between $350,000 and $500,000 gross annual sales; would employ 7 full time employees and three part time involving a paryoll in excess of $40,000 per year; and would have in excess of $400,000 taxable sales. He did not think the logical use of this property would be a single family dwelling or anything of a residential nature. He felt their facility would blend with the environment and hoped that the City of Saratoga would give them an opportunity to ereate a novel service station. There would be no conventional pump islahds - there is a remote pumping system. Storage is below ground add dispensing apparatus is suspended from an overhead structure. Mr. White said that the Fire Marshall feels ~his reduces the fire hazard. In response to a question from Councilman~ Bridges, Mr. White stated that excluding canopies the building covers approximately 1500 sq. ft. The footage under the two canopies is 250 sq. ft. per unit, making approximately 1800 sq. ft. under cover. Total building area coverage would be less than 40%. Total asphalt area would be less than 30% of the site. Total paved area would take up 40% and the landscaped area would be 15 to 20%. Mr. Dwyer felt that the $54,000 discussed as the assessed valuation by the County was a very high figure and it was Mr. Huff's opinion that this referred to the market value based on the assessed valuation. He felt that it was a reasonable valuation of land that was master planned for P-A zoning. M~yor Robbins asked whether there was any evidence indicating that there is a desire by Saratoga citizens for a gas station on that particular location. Mr. Tenenbaum stated that the opposition has come from residents who are away from the location. HoweVer, landowners near or adjoining or across the street from the property have not~voiced objection, which would indicate that they favor the facility. He did not have any evidence to the effect that there was a desire for a gas station on the site. Fred Styles, 18990 Saraglen Drive, ~epresenting Saratoga Park Woods Homeowners Association stated that he did not realize that the opposition which had been presented to the Planning Commission would not be formally presented at this meeting. He was under the impression that the petition and letters of opposition would be presented and f~lt they would be the most direct rebuttal to Mr. Tenenbaum and Mr. White's remarks. - 3 - CITY COUNCIL MINUTES - NOVEMBER 18, 1970 - CONTINUED Mr. Styles stated that they were aware of the fact that the cB~nge in traffic patterns might be significant. SaEatoga Avenue traffic is very heavy and the stop-start nature of a conmercial enterprise would increase the safety hazard to people in the area. It was the Homeowners' Association feeling that this proposal was contrary to the General Plan which shows proposed P-A zone for the area. They feel that it would be against the General Plan to put in Neighborhood Cormnercial zoning. The Saratoga Park Woods Homeonwers Association would not be opposed to the zoning of the property as P-A offices if they could be shown that construction would be compatible with the landscaping and co~s~_r~~Ction of the present offices on the remainder of the property. They did ~not fe~l that the property was landlocked. '+" Willard Sievert, 18866 Afton Avenue stated that the felt the same way as Mr. Styles. He objected to the idea of a service station. He hoped that every avenue would be open to some other yenture that would best suit this particular area. Without objection, Mayor Robbins continued the Public Hearing to the next regular meeting on December 2, and referred the matter to the Planning Committee for study and report. VI. ADMINISTRATIVE MATTERS A. MAYOR SANBORN 1. Mayor Robbins referred to a letter written to the City Manager by Bob Amyx, PARK Director of Parks and Recreation for the County, concerning Sanborn Pa~k. The City in the past has recormnended that the County proceed with develop- ment of the park. The Legislature has passed a bill allowing the County to lease this kind of land to the City. Without objection, referred to the Parks and Recreation Commission. B. FINANCE 1. Payment of Claims Moved by Councilman Smith for approval of the disbursements dated November 18, 1970 totalling $53,211.90 and that the Mayor be authorized to sign the warrants, seconded by Councilman Dwyer; carried unanimously. 2. City Clerk's Financial Report - Noted and filed. 3. Treasurer's Report - noted and filed. C. COUNCIL COMMITTEES & COMMISSION REPORTS i. Parks and Recreation Commission' BRAILLE Mr. Mariani stated that the Parks and Recreation Commission wishes to GARDEN re-affirm its previous reconmendation that the City acquire a small triangular AT HAKONE portion of land adjacent to Gardiner Park. to provide high visibility of the park from the street. Councilman Sanders stated that the matter had been discussed in committee and the City is negotiating for~that piece of property. He felt that the Council agreed that the maximam exposure is the most desirable approach. Mayor Robbins stated that no further action is required. 2. Management Committee - Braille Garden at Hakone Gardens Councilman Dwyer reported that the Management Committee redommends to the City Council that the Braille G~rden proposed by the Saratoga Federated Womens Club be established at Hakone Gardens. All cons truction costs will be borne by the Saratoga Federated Women's Club. It will take from six to twelve months for completion ofthe Garden after which the City will begin maintenance. - 4 - CITY COUNCIL MINUTES - NOVEMBER 18, 1970 -CONTINUED Moved by Councilman Dwyer, seconded by Councilman Smith that the City approve the plan of the Saratoga Federated Women's Club to establish a Braille Garden at Hakone Gardens; carried unanimously. D. DEPARTMENT HEADS & OFFICERS 1. The City Attorney reported that the City had obtained a permanent Y~njuncti~o~ _ in the Gorman case in accord with the terms approved by the Council. An explanatory letter has been sent to the people in the area who had offered to testify in the case. 2. With regard to the Cocciardi ~uarry, the trial in chief is set for December 2. The marion filed in the first action has been assigned to Judge Brady who has not yet handed down his decision. 3. Councilman Dwyer stated that Jim Naugle is representing the City~C~t~n.c~l l? as an alternate on the Solid Waste sub con~nittee and he has presented a financial par~cipation breakdown showing Saratoga's first phase of the solid waste study to be $175.00 and the second phaseto be $400.00. Moved by Councilman Dwyer tha~ the City express its willingness to con- tribute to the solid wasm site study on a pro rata basis that is determined by the solid waste:sub con~nittee of the PPC, seconded by Councilman Sanders; carried unanimously. 4. The Director of Public Works ~tated that Sarahills Drive was paved the previous ~ay and Glen Brae will be paved this week. He has been informed by the contractor on Fruitval~ walkway that he will be back on the job this week. E. CITY MANAGER 1. The City Manager reported that the Saratoga Union School District Board of Trustees has appointed a Committee to meet with a committee of the City Council to discuss Herriman Avenue extension. Without objection, referred to the Planning Committee. VII. COMMUNICATIONS A. WRITTEN 1. Copy of a resolution from'the Saratoga Fire District directed to the Board of Supervisors, urging the banning of all fireworks sale and use in Santa Clara County. Mr. Huff stated that Saratoga does permit safe and sane fireworks. The Chief Building Official has scheduled a review of the County Fire Code with the Fire Chief of the Saratoga Fire District in January. 2. Letter from Dwight Caswell expressing concern about the location of the Fruitvale pedestrian crossing at the intersection of Valle Vista. Mr. Huff has checked~-~h~Y~plan with Mr. Shook and the pedestrian crossing is much closer to ~r~e Oaks Way. The staff will reply to his letter indicating that this location was chosen to provide optimum sight distance for pedestrin safety. 3. Letter from the County Board of Supervisors inviting the City Council to attendsPublic Information meeting on the Four-County Skyline Scenic Recreation Route to be held on Friday, December 4, at 10:45 A.M. Councilman Dwyer expressed an interest and asked for a copy of the letter. B. ORAL  1. Court Hatwood, 13475 Aloh~ Avenue asked about the status of the proposed Lomita-Komina assessment district. Mayor Robbins r~plied that this matter was considered at the last council meeting and action was postponed for additional study. - 5 - CITY CO~CIL M~S - N~E~ER 18, 1970 - CO~INUED Council~n D~er stated that the Public Works Department is preparing cost figures for possible alternatives. He said the committee was not yet prepared to reco~end a specific course of action to the council. Mr. Ha~ood expressed a desire to see the alternatives and asked to be involved in this if at all possible. Mr. Duane Muth, 20859 Komina, also expressed an interest in being advised of meetings;to review the proposed construction. Mayor Robbi~ directed the staff to invite all affected residents of the area to the co~ittee meeting at which the alternatives are reviewed by the co~ttee. VIII. ~JO~NMENT Mayor Robbins a~nowledged the presence of Eunice Stark and Stan ~rshall of the Good Gover~ent Group; Jim Naugle, alternate On the Solid Waste Disposal Co~ittee; and Mrs. Slade of the Lea~e of Women Voters. The meeting adjourned at 9:25 P.Mo Respect~lly submitted JRH: r