HomeMy WebLinkAbout12-15-1971 City Council Minutes
~>
",,;f
/"
1J'Y
';"
.
i
(ii,.
.
~
,.
.
"
f
SARATOGA CITY COUNCIL MINUTES
TIME:
PLACE:
TYPE:
WEDNESDAY, DECEMBER 15, 1971 - 7:30 ·P.M.
SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA
REGULAR MEETING
I. 'ORGANI~ATION
A. ROLL CALL
Meeting called to order at 7:35' P.M. All Councilmen present.
B. MINUTES
Approved minutes of December 1, 1971 with the following correction:
Item III C. should read lithe Brockton Lane and Miller Avenue intersection"
rather than "this intersection".
II.
BIDS & CONTRACTS - None
the Saratoga City Code by ~
rela ting to raw milk sales. ___\
~------ ---,---~;---------~-
B._Adoptea--Resolution-No-;-MV"39'þronililTfng'parking or stopping at any time
along the south-westerly side of Saratoga-Los Gatos Road from the extended
southeasterly curb line of Oak Street to a point 2l4± feet southeasterly.
Mayor introduced Ordinance No. 38.43 amending
adding Division 3 to Article II of Chapter 8,
Council waived reading~
III.
A.
C. Adopted Resolution No. 590.1 revising boundaries of U.G.U. District #4
(Saratoga Village) -; and extending the time limit for conversion"one year.
,
D. \
Introduced Ordinance. No. 38.44 amending
decreasing.. the speed Ümit on 'a 'portion
Council waivèä reading;__. .).
Chapter 9 of the Saratoga CitJC.Cod,e,
of Allendale Avenue to 25 M.P.H.
IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS
A. Adopted Resolution NO.sbR-79l-l,,{<4 lots.~n sob,ey"::~d.J:__
B. Adopted Resolution No. SDR-64l-l,rl~ot on Vessing Ra.)
. E .
.1
__ _F"
I
C. Adopted Resolution No. SDR-921-1, (1 lot on Sobey Rd.)
(i!'inal Building Site Approvals to Neal~I<ìrKham)." I
V. PUBLIC HEARINGS
A. C-148 - GEORGE W. DAY - FRUITVALE AVENUE AND DOUGLAS LANE
City Manager reported no new communications on file, No map approved by the
Planning Commission has been received, therefore the Council could not proceed
with the adoption of[Or?inance No. NS-3-CC~6~ rezoning this property.
It was the consensus of the Council to hold a Joint Study Session with the
Planni~g Commission on Monday, December 20 specifically on planned community.
Public Hearing opened at 8:11 P,M.
Edward Panelli, Attorney, representing George W. Day stated that they had
submitted a map which apparently has the approval of the Planning Commission
subject to conditions which have all lots of 35,000 s.f. and a considerable
amount of open space. He felt that planned community had no application to
this type of development,' since they wère trying to build custom homes,
They did agree to submit a way to avoid a tunnel affect on Fruitvale Avenue.
The question of architectural control did concern him since he felt the
consumer was the judge of what was architecturally pleasing.
Mayor Robbins urged Mr, Panelli to check with City staff re the joint study
session and invited him to attend.
0.1. Schmaelzle, 14401 Nut·Wood Lane presented an addition to the petition
of October 30, 1971 protesting the rezoning. Mayor directed the City Clerk
to add this petition. to the file.
,
DECEMBAs,
1971 - P.AG.E-2..
6
.
.,.) ~"e
.--CJTY
.1
COUNCIL MINUTES -
I Douglass Adams, representing Mrs, Margaret Seagraves and the First National Bank of San
:Jose stated that their position had not changed and also questioned whether the public
¡would be permitted to attend the Joint Study Session, Mayor Robbins advised that the
: public is welcome to attend the Study Session but that the session would not be a public
J hearing and no testimony would be invited from the public.
Public Hearing closed at 8:30 P.M. and continued to January 5, 1972, to give applicant
time to submit additional alternatives for consideration by Planning Commission and
Council.
B. APPEAL BY OUR LADY OF FATIMA FROM THE DECISION OF THE PLANNING DIRECTOR DENYING A TREE
REMOVAL PERMIT
City Manager stated that Our Lady of Fatima is planning to expand the parking area
serving the facility and in the process felt it was necessary to remove some trees.
The Planning Director denied a permit to remove an incense cedar and this is an appeal
from this denial.
Public Hearing opened at 8:32 P.M,
Joseph A. Bonacina, Attorney representing Our Lady of Fatima Villa Dominican Sisters,
stated that there had not been a formal appeal to a legislative body of this City.
He felt that this arose out of a letter written by the Administrator of the Villa
on November 22, 1971 requesting further consideration by the Planning Commission
relating to one tree in question. ,He asked the Council to recommend that the staff
work with the personnel at Our Lady of Fatima to resolve this matter.
Clarence Neale, 20345 Williams Avenue stated that his family owned property directly
behind this parking lot. He presented photographs of the 18 foot tree which had been
t removed. He also complained that the Villa had filled in a creek across the Villa
property causing storm damage to adjacent properties owned by his daughter and the
Stepovics, He requested that trees be replanted along the boundary of the Villa
\ property and expressed concern that property owners were not notified of the proposed
\ installation of the parking lot, and said, "If you make laws, you ,should'þack th7m up."
Councilman Dwyer stressed that this was the first ~ime most of the Council had heard
this matter, they would like to know how it happened and try to prevent its recurrence.
They felt it was a valid complaint and were very interested in the matter.
John Schatz, 20483 Forrest Hills Drive, who owns the property adjoining the Villa on
two sides,felt that this matter was one of greater magnitude than the one tree involved.
Ten years ago he had entered into an agreement with the Villa about shielding the
adjoining property from the activities of the Villa by appropriate landscaping. This
agreement was entered into as a result of an?pplic~~iqn to ~he Plann~~g_C~ission ~
for Use Permit. He thanked the city administration and Planning Commission for trying
to resolve the problem which does exist and asked that the Council deny this appeal.
Public Hearing closed at 9:00j¡P'.M. Council .'!Q~ed_to den:l the appeal and ur:ged repair,
of the damage which has already been done. Council,voted to' deriy'the~appeal: and directed
-"-the staff to' wo'rk--o~t-the details of restitution to protect neighboring!! properties as
soon as possi~le_and to implement the recommendations made by Brian Gage concerning the
-=r _=--__ - - - - - - - . - ---. - _ __ _ _ _ _
preservation o£ the existing tree and the provision o£ Addi ti¿;náÍ landscaping' to Streen
the area from adjacent parcels,
VI :~::~I)MI!~iST'RATIVE MATTERS
~-- - - ~
A. MAYOR
i"~l
1. ,'.-C;i,t;y' Manager stated 'that at the last council meeting he had been directed
'to discuss with the San Jose City Manager the establishment' of the sphere
of influence boundary between Saratoga and San' Jose. He had recommended ,
thQt the boundary run along Prospect Road except at Westbrook, (£hat-Wèstf/
br~ok be included on the Saratoga side and then the boundary contirwte '
along the existing Saratoga boundary and down'Quito Road. Assistant
City Manager Frank Knofler of San 'Jose had indicated that he could not
recommend that Westbrook be included in Saratoga's sphere of influence,'
but that he would bring the matte~ up to the San Jose City Council at a
Committee of the Whole meeting on December 13th. At that meeting, the
. /1.-'... '
San Jose Council voted four-to~three'in favor of the Prospect Road
- ''--/
boundary, which would leave Westbrook within the San Jose sphere of
influence.
,~
~
~
.'
(.
; CITY COUNCIL MINUTES - DECEMBER 15, 1971 .. PAGE 3.
!
\.
Oskar Thurnher stated that the Westbrook Improvement Association was looking for
Council endorsement in urging San Jose and Saratoga to agree on a boundary line
including Westbrook within Saratoga, The Association pÌans to ask tlie San Jose Council
for a re-hearing on that matter and if necessary, request LAFCO to extend the time for
determination of this sphere of influence boundary from January 5th to February 2nd,
,
,
M~yor Robbins appointed_a special committee of himself and Councilman Smith to meet with
~ r.Qmroittee of the San Jose City Council and said he would contact Mayor Mineta to.
arrànge a meeting.
2, Council approved the appointment of Mrs. Harriet Sprinsock, 20850 Verde Vista to
the Youth Commission.
3. Called for an Executive Session following the regular meeting for the purpose of
discussing personnel matters.
B. FINANCE
1. Payment of Claims - Approved list of disbursements dated December l5, 1971 and
authorized Mayor to sign the warrants.
2. 3. City Clerk's Financial Report and Treasurer's Report noted and filed.
C. COUNCIL COMMITTEES AND COMMISSION REPORTS
1, Approved Policy Committee report of December 15, 1971 on Maintenance Agreements
and/or\park'Maintenance Distri~torm~tion,
2. Authorized Mayor and/or City Manager to initiate negotiations with the City of
Cupertino to have the entire Older Ranch property included in Saratoga's sphere
of influence.
3. Noted Policy Committee report of December 15, 1971 on San Jose "Sign-Off" Program
Authority.
4. Adopted Public Welfare Committee report lot December '~f~iTawooâ-Park Lake
Debris 'Ba#n.
5. Staff directed to prepare a report on the Bohlman Road.Building Moratorium and
agendize it at an early date,
6. Council endorsed the recommendations of the Parks & Recreation Commissionìto (
! discontinue negotiati ns in regard to the Stj. Andrews Park Proposal at this time.
7. Parks and Recreation Commission recommendations for a proposed mini-park site on
Cox Avenue referred to staff'to determine availability of funds for purchase of
Park site.
D. DEPARTMENT HEADS & OFFICERS
1. Approved Tate request for refund of fees and bond for the building site at Saratoga
Avenue and La Paloma Avenue (SDR-805) in the amount of $605.00,
2. Accepted Director of Public Works report on the Miller Avenue-Brockton Lane Traffic
Study and directed staff to acquaint residents in the area with the details.
3.
City Manager reported that the Chester Ave; maintenanse problem has been settled' by
d6D.ation of th~ funds ,required - to m'akè'the necessary repairs to the City by the'
interested residents of the area.
City Attorney reported that the purchase of Azule park site closed on December 10, 1971.
4.
E, CITY MANAGER
,
1. ) Counc.il adopted Minute Resolution authoriziri!g staff to collect the ,00770 feè'.'",
as outlined-in-the communication from~thè State Department of Conservation.
2. Staff directed to inform Clarence Neale that he cannot be issued a Building Permit
in connection with the accessory structure on the Neale property, and to require
the removal of the illegally installed plumbing and electrical work.
-r;, ~ . t
! .;;.
, .-
,
"
COUNCIL MINUTES - DECEMBER 15. 1971 - PAGE~_.
"
CITY
j
3. ;
t
>','j"
u .'("
,
App~oved acquisition of triangle adjacent to Gardiner Park from Mr, and Mrs.
A. Macklin for $1.00 per square foot. City Attorney was instructed to prepare
escrow instructions.
r!
i'
f
r
4. Suggestion that we revise our PEP application and divert the funds for a Deputy
Sheriff to another position referred to ~anagement Committee.
r:
VII, COMMUNICATIONS
A, WRITTEN
l, Memo from Ken Baitholet of LAFCO on Urban Development referred to Planning
and Environmental Committee.
2. ,Copies òf letters from Joseph Stillman, 19166 DeHavilland Drive concerning
throw-away papers noted.
3. Notification from S.M. Cristofano, City of Santa Clara, Director of
Public Works announcing the Fourth Annual Solid Waste Symposium noted.
4. '¡. _N9tec:1. Lt. Goy-':.- R~i-necke_'~ S01IJI.!1~1}..icaj:to"Il. .9_n__th~_ reappoJ;tiornnent. c.onnnission.~""
5. ~oted letter from Vallejo regarding revenue sharing.
I
,
i
6, Letter from Mrs. John Root urging favorable éonsideration to a park in
the Brookglen Cox area noted with a request from Councilman Dwyer that
residents of the Brookglen Cox area be notified of the City's attempts
to acquire a park site in this, area..
B, ORAL
1. Lee Lesh, 18531 Vessing Road, owner-operator of Lee's Tree Surgeons
asked why the tree cutting contract was not open to competitive bidding
and why it is not necessarily awarded to the lowest bidder. Referred
to staff.
VIII. ADJOURNMENT
Mayor Robbins acknowledged the presence of Planning Commissioner and Mrs.
Metcalf, Ruth Owen, Shelley Williams 'and Noel Brown.
The meeting adjourned to Executive Session at lO:25 P,M. The Council
reconvened at an open session at IF:OO P.M. and adjourned.
J'? /~
/