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HomeMy WebLinkAbout07-05-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: Wednesday, July 5,'1972 - 7:30 P.M. PLACE: City Council Chambers, City Hall, 13777 Fruitvale Ave.,' Saratoga, Calif'ornia TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Kraus,"Dwyer, Smith, .Diridon and Bridges Absent: None B. MINUTES Councilman Diridon pointed out that:Item "F" under SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS should be changed to JEANETTE A. PALERMO. The minutes of June 21, 1972 were approved with the above correction. II. BIDS AND CONTRACTS A. QUITO-BUCK}~ALL SIGNAL AGREEMENT The Agreement between the City of S~n Jose and the City of Saratoga for installation of traffic control signals at the above intersection was approved, with the understanding that the City of Saratoga's share of construction cost is not to exceed $7,500, or 25%. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 619 ~ Resolution Adopting Alternate Procedure for Levying and Collecting~Assessments on.Ad Valorem Basi~ Resolution No. 619 was adopted. B. RESOLUTION NO. 620 - Resolution Authorizing Transfe~ of Funds Between and/or Among D~partmen~s City Manager requested that Resolution No. 620 be continued to the next meeting. This was approved. ! C. RESOLUTION NO. 621 - ResolutiOn COnsenting to Circulation of a Petition to Annex Certain Inhabited Territory to the City of S~ratoga Resolution No. 621.w~s adopted. D. AM~ENDMENT TO AGREEMENT FOR SHERIFF'S PATROL (This. ~ill not be in the form of a resolution as~previously indicated,)' Amendment to Agreement for S~e~{f~'~ Patrol- w~s'approved. E. RESOLUTION NO. MV-46 - Resolution Regarding Reques[ for Installation of Four- Way Stop at Intersection of Titus and-Brookview This matter had been discussed at a previous Committee of the Whole meeting, and the Mayor asked-for any further comments from the audience.. SARATOGA CITY .COUNCIL MINUTES PAGE TWO Mrs. Terrance Kelly, 19354 Brookview Drive, Saratoga, commented 6hat it was her opinion that the stop sign might not be the whole solution to this problem intersectionsand education bf the public~c~e~ing ~Faffic safty 's_nec~ssary. Mrs. Kelley further commented that survey made by the'Safety Committee reported the average speed at this intersection to be 38 M.P.Ho Mrs. Kelley felt that another possible solution would be. more patrol in this area. Mrs. Kelley th~n related ah incident which she and her family had observed at Kevin Mor~n Park recently . A red convertible was driving along the fiVe-foot wide asphalt walkway, and there were children playing on the strip. She had obtained the 'license number and reported it to the Sheriff's Department; however, she received no results. Mrs. Kelly pointed out that, in the meantime, these teenagers in the red convertible know that their license number'was taken and that the incident was reported and no action was taken, and therefore, it..was her opinion that a stop sign would not appear to be the only solution. Mrs. Kelly proposed that if a stop sign were to be installed that a smaller sign be put in to.indicate "F0ur-way:stop", and if this cannot be done, a sign indicating "Two-Wa~ Sto "shouid be put in. ~rs. Kelley felt that P the City should try the stop sign and commented that ,it is not safe to ride bicycles in the' neighborhood. Mr. Charles Huff, Presidentlof Prides Erossing HomeownerS'. Association suggested that the City Of Saratoga contact the City of San Carlos for comments on their sign system. Mayor Smith,~moeiohed that !th~ City,~M~nager be authorized to make an inventory of similar corners, centered on the high-density areas, and report back at the next meeting. Fur~ther consideration will then be given to hiring a tonsultant, and we will be in a be6ter position to study the situation. The motion was !carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. RESOLUTION NO.-36zB-~135.- Resolution Releasing BOnd and Accepting Dedication of Streets in Tract 4042 - Claude T. Lindsay, Inc. Resolution No. 36-B-135 was adopted. B. RESOLUTION NO. 36-B-136 - Resolution geleasing Bond and Accepting Dedication of Streets in.Tract 4508-- Claude T. LiBdsay, Inc. Resolution No. 36-B-].36'was adopted. C. RESOLUTION NO. 36-B-137 - Resolution Releasing Bond and Accepting Dedication of Streets in Tract 4509 - Saratoga Foothills Develgpment' Resolution No. 36-B-137 Was adopted. D. RESOLUTION NO. 36-B-138 - Resolution Releasing Bond and Accepting Dedication of Streets ~n Tract 4536 - Claude T. Lindsay, Inc. Resolution No. 36-B-138 was adopted. E. TRACT 5023 - GEORGE W. LAMPROS, GLEN U~IA RANCH, It was approved to adopt Resolution No. SD-879~1 and approve final map. F. TRACT 4193 - PETER PAVLOS, QUITO RANCHO ~It was approved to adopt Resolution No.' SD-870-1 and approve' final 'map. SARATOGA CITY COUNCIL MINUTES PAGE THREE G. TRACT 5233 - AVCO COMMUNITY DEVELOPERS,. INC., SUMMER PLACE It was approved to adopt. Resolution No..SD-952-1 and approve final map. H. SDR-955 - j. NGELINA ARAT~, MAUDE AVENUE, CONTINUED FROM 6/21/72 Council approved the ReqUeSt for R ons~derat~on of. Conditiohs, and it ec~ was agreed that the Planning Commission be directed to revise the Building Site Committee Report to indicate deletion of Conditions II-B and II-C. Also, the report is to be revised so that Condition II-D indicates "dedication" of Maude Avenue, instead of "improvement".' I. SDR-970 - JEANETTE A. PALERMO~ PIKE ROAD -CONTINUED FROM 6/7 and 6/21/72 The City Attorney expiai~ed that'theli~itatio~sof eh~'ShBdivision Map Act have nothing to do Wfth the matter at hand. The City Manager commented .th~at~ler~-m~[er is si~{la'YT~.~o the /~ieber ~ftd~[iB~Sf s~m~tim~ago, in: that'lwe ar~g'~i~g-into-"~i~ment ~f'~o~[y". 'He~urt~er~6'm~Eei~a["~C~E~ S~aff shodld be given a chance to go in and 10ok.at the"sit. u~tion, a.S there are'about ten other cases similar to this one, and anything we come up with here is going to have to be applicable to these otherssituations. Councilman Kraus indicated [hat he w~uldn't be opposed to~ducing the 50% required fee to a lesser percentage, due.to the circumstances involved .in this situation. Councilman Bridges was of the opinio~ that this is a two-pronged problem in looking at assessments and also i~provements already made. Mayor Smith moved that the Palermo matter to continued for 30 days; the motion was seconded and carried. J. SDR-935 jOHN L. RICHARDSON, QUIT9 ROAD - CONTINUED FROM 6/7 and 6/21/72 The motion was made that the Plapning commission be directed to revise Condition II-D on the Building Site Committee Report to indicate "dedication" of Vessing Road and delete "improvement" of same. Motion seconded and carried. K. SDR-907 DONALD COMER, COMER DRIVE It was approved that Resolution No. SDR-907-1, granting final building site approval.~'~''7'' '~ ~ L. SD-791 - NEAL P. KIRKt{AM, SOBEY ROAD It was approved to accept improvemenes and release bond.. M. SDR-641 NEAL P. KIRKHAM, VEStING=ROAD ? It was approved to accept ~mprovements and release bond. N. SDR-943 - JOHN T. STONE~ MT. EDEN ROAD ' It was approved to adopt Resolution No. SDR-943-1~ granting conditional building site.approval. O. UP-191 - BROWN AND KAOFFMAN, BROC~ON LANE Mr. Stan Walker ask~d~th~t~this!~R~qu~st for Release of Performance Bond be continued to the July 19 meeting; this was approved by the Council. SARATOGA CITY COUNCIL MINUTES PAGE FOUR ~P. RESOLUTION N0. 36-B-139 - Resolution Releasing ond nd Accepting Dedication of Streets in Tract 4345.- Pacific Shores Properties Resolutiop~No.C36~B-139 was adoptedT V. PUBLIC HEARINGS - 8:55 P.M. A. SHELDON WILEY Mayor Smith explained that this publid hearing is cdncerned with a request bX Mr. Wiley to consider abandonment iof slope easement on his property~which i~s~ relatively steep. l to Mr. Sheldon Wiley, 18400 Overlook Drive, Los Ga s ~ndicated that he is desirous of building a house on this,propert~ a~d thtisproblem of a "slope easement"has arisen. . Mr. Shook indicated that this matter 7does not have to go before the Planning Commission foe design review; it is ea y or a peri t r d f 1 , subject to'the slope easement abandonment. Mr. Wiley commented that he doesn;t feel he could put a home on the lot without the abandonment of the slope~easement. i this woul not be.[ Councilm n K~aus. commented that ~e was hopeful ~hat similar Zituation to that which occurred on Lot,71 sometime ago where Shere had been a failure. 7 t'. making it a "construction easement".; ] / A motion was made toclose the public hearing; ~he Rotion was seconded and carried. . . ~Resorution'No762~'~asu'~imously,~7~V~d]'~r ~nting-'the'requested=s~oPe~ ~easemen~ abandd~men~.. -- -- ~ '~ =~~-~II = ...... ~=~2~ ~ _~- ~- i~7~? b ing is to consider the appeal~of Mr LynCh regarding condem- nation of a building at 14361 Big B~in Way. Mr. Lynch, 14260~Lutheria Way, SaratOga, explained that the reason he is asking for this is not to contest whether or no~ h~ t e building should be condemned. Mr. Lync~ cor~inued by e~plaining t~at ~is request is that he be permitted to go in and completely improve the building so that it would be in keeping with zoning requirements. Mr. Lynch ~ndicated that he didn't feel it was necessary to tear the building down!. H~ further indicated that he has taken measure~ to evict the 'p~evious tenants]of the building and fs now going to make it a point to be up on the'prOperty asI often as fi~e days a week and doesn't anticipate any mo~e trouble.! Mr! Lynch said he would like to work with the City, and rather than tea~ingidown the building, he would lilke to improve the building and bring it~ up to'commercial standards. Councilman Dw~.er asked:that.Mr..Lynch describe 4~what,he would haveto do to the property in order to bring it up. to standards. t Mr. Lynch explained that the one building is not infested, and he would like . , to have this building moved over on the property. Mr. Lynch explained that what he would like to do is to work 't e Building Department and the wl h th Planning Department to cohvertlthis into commerhiat property.C .... SARATOGA CITY COUNCIL MINUTES PAGE FIVE Mrs. Barbara Caldwell, 14605 Big Basin Way, Saratoga, presented herself, and explained that she lives next door to the Lynch property. ~s. Caldwell expressed to the Council that she hates to see ~ny more of "Old Saratoga" be torn down. Mrs. Caldwell indicated .that the little house that has baen con~ demned is really in much better condition th~n her own was fourteen years ago. She was of the opinion that if Mr. Lynch agrees to~fix ~p the property within a given. time he should be all6wed to do this. Building O£ficial Doh:H~rr~s advised t~a~ if Mr. Lynch would be able to get plans into the Building Department w~thin'60 days and begin construction shortly therafter, this arrangment' would be acceptable ~ith him; however, it was his opinion that it would entail a lot of work. Mr. Lynch {eels that he could have the preliminary plans i~to Planning within" sixty days. He advised that he has already torn down at least three structures on,the property. Mr. Harris indicated'that,, in keeping with the Uniform Dangerous Building Code~ he has indicated that the building is beyong repair, and he ~uld have to submit plans to prove otherwise if Mr. Lynch were to pr6deed with repairs. Mr. Harris indicated that this'will probably have to,go through the Planning Commission for site approval and design review. Thecmotionwas made that Mr. Lynch be gran[ed the period.of sixty days to submit plans for renovation oE the structure at 14361 Big Basin Way, and if, at the duration of this period, plans have not been submitted to the City and approved by the Building Official, that the original 6rder for condemnation be upheld. The motion was seconded and carried. VI. ADMINISTRATIVE MATTERS A. MAYOR B. FINANCE 1. Payment of Claims Approved C. COUNCIL COMMITTEES & COMMISSION REPORTS D. DEPARTMENT HEADS & OFFICERS 1. Mr. Shook, Publ{c Works Department - Highway Commission has ~pproved additional speed limit sign to be installed-on Saratoga-Sunnyvale Road in the vicinity of Herriman Avenue. 2. Mr. Shook - State has granted approval for allocation Of TOPICS funds to Saratoga-Sunnyvale Road improvement. E. CITY MANAGER i. Report on Asphalt Removal on, Side of Sobey Road - Approved to go ahead with Oil and Screen. 2. Noise Ordinance - Scheduled'to 'Be on,next agenda. VII. COMMUNICATIONS A. WRITTEN 1. Letter from JonS~ilich regarding: Seventh Annual Saratoga Festival Parade - Approved subject to consent by Santa Clara County Sheri£f's Department. SARATOGA CITY COUNCIL MINUTES PAGE S IX 2. Letter from Mrs. CalVin Lubran regarding: Re-naming of Sa~ratoga- Sunnyvale Road to Garrod. Memorial Highway - Noted B. ORAl 1. 'Request for funds ~or Seventh Annual Saratoga Festival Parade - Scheduled for discussion at the Committee of the Whole M~eting of July 11. 2. Noise caused'b~-fans=at-Paul'Masson,warehouae - Noted. VIII. ADJOURNMENT The meeting was .adjourned at 10:25 to an executive session in the Crisp Conference Room. Respectfull sub~,.i~ted