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HomeMy WebLinkAbout03-06-1974 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 6, 1974 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Bridges, Diridon, Dwyer, Kraus and Smith Absent: None B. MINUTES It was moved by Councilman Diridon and seconded by Councilman Bridges that the minutes of February 12, 1974 and February 20, 1974, be approved. The motion was carried. C. ACKNOWLEDGEMENT OF NEW CITY COUNCILMEN Mayor Smith congratulated the three successful City Council candidates of the municipal election held on March 5, 1974, those candidates being: IColman Bridges, Henry Kraus and John Brigham. II. BIDS AND CONTRACTS A. MODIFICATION OF TRAFFIC CONSULTANT CONTRACT The City Manager advised it was the.staff's recommendation the existing contract with De Leuw, Cather and Company for consulting traffic engineering services be modified to allow for services to be accomplished under Phase III of the proposal. This would increase the present commitment approximately $2,000, raising the total commitment to $12,000. These additional services would include the extension of the Via Roncole Study, Arroyo de Arguello Speed Study and extended negotiations on the Miller Avenue improvements. It was moved by Councilman Diridon and seconded by Councilman Bridges that the committment to De Leuw, Cather and Company for the Neighborhood Traffic Study be raised to an amount not to' exceed $12,000. The motion was carried. Ixx.Q'f _Gi di i T& 'CA D FORMAL RESULU ONS A,,ZRMSUL.~ION NO, MY-75" ~ ~'Resotuti'oii~E?t'fbl'iSh±ngYS~p intersections at Titus Avenue and Brookview Dr ire The City Manager explained this resolution would accomplish three things: 1) remove the experimental traffic circle at Brookview and Titus AvenuesF 2) designate portions of Brookview Drive and Titus Avenue for double yellow centerline striping; 3) implement four-way stop at the intersection of Titus Ave. and Brookview Drivelfor a six-month trial period. He indicated there was a petition received from a number of residents in the Brookview area expressing opposition to the traffic circle and requesting immediate removal of same. --RESOLUTION MV-75 (Cont 'd.) It was moved by Councilman Diridon amd seconded by Councilman Kraus that the Traffic Consultant's recommendations, dated January 14, 1974, concerning the Neighborhood Traffic Study on BrOokview Drive and Titus Ave., be approved and Resolution MV-75 be adopted and i~plemented for a six-month trial period. The motion was carried. B. RESOLUTION NO. 685 Resolution Commending Philip D. Lively on His Years of Service on the Saratoga Planning ~ommission. It was moved by Councilman Smith and seconded by Councilman Dwyer that Resolution No. 685 be adopted. The.motion was carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS '. A. TRACT 5243 OSTERLUND ENTERPRISES, ALLENDALE AVE. The City Manager explained that several months ago when this tract was granted tentative map approval, the condition was imposed that Parcel A be dedicated to the Cit~ and the City would in turn grant an easement of this parcel to the Santa Clara V~lley Water DistriCt for flood plain preservatioD. He indicated it is now being recommended the City accept the Gr~nt' Deed for this parcel of lan~o__~nTract 5243 anda/~p~ro~H~'~F&dti~'~f It was moved by Councilman Dwyer and seconded by Councilman Kraus that the City accept the specified Grant Deed and grant the Easement Deed to Santa Clara Valley Water District. ,The motion was carried. B.. SDR-106~.cEDWARD T. WILD, FRUITVALEi AVE. - 1 LOT It was moved by Councilman Diridon ~nd seconded by Councilman Kraus that Resolution SDR-1061-1, granting FinalBuilding Site Approval, be adopted. The motion was carried. C, SDR-1051 ROBERT P. SCHIRO, GLENMO~T DRIVE - 1 LOT It was moved by Councilman Diridon and seconded by Councilman Kraus that Resolution[~SDR-1051~l, granting Final Building Site Approval, be adopted. The motion was carried. D;~ SDR-1044 GEORGE A. LUNDQUIST, PEACH HILL ROAD It was moved by Councilman Diridonand seconded by Councilman Kraus that Resolution SDR-1044-1, granting Final Building Site Approval, be adopted. The~motion was carried. E. SDR-1092 ROGER MAIROSE, WOODBANK WAY - 1 LOT It was moved by Councilman Diridon and'seconded by Councilman Kraus that Resolution SDR-1092-1, granting Final Building Site Appreval,?~be adopted. The motion was carried. F. C-170 BEN R. SHIPPEN, ALLENDALE AVE. Request for Change of Zoning from URi1-40,000" (Single-Family Residential) to "R-i-10~000" (Single-Family Residential) It was moved by Councilman Kraus and seconded by Councilman Bridges that Cf~o~cii_a_~ce~Ttb~_P~ning commission's recommendation regarding this change of zoning and deny the application. The motion was carried. - 2 - G. C-173 ALLEN DE GRANGE, COX AVE. - RESOLUTION NS-3-ZC-73 Request for Change of Zoning from "P.A." (Professional Administrative) to "R~M-4,000" (Multi~Family Residential) The Cit!Managey~advised that ~__he_Pta_!~nniBg Commi§s~.o__n~h~s ~ec~rmnrn~d~st the ~~' ~n~7, ~d the Council/ g action. th~s.~ven~n~ c~U~d ,gT to up~o~ ~he ~l~nning ~E~s'so~'~r~re'~ormnendation or'set ~he matt~ for public hearing. : Upon the request o~ Mr. Allen De Grzange, it was moved by Councilman Bridges and seconded by Councilman Kraus t~e matter be set for public hearing the first regular City Council Meeting in April. The motion was carried. This hearing will be scheduled for April 3, 1974. H. SDR-1069 JOHN GRAMMER, CANYON VIEW DRIVE ' It was moved by Councilman Dwyer 'an'd seconded by C~uncilman Bridges that Resolution SDR-1069-1, granting Final Building Site Approval, be adopted. The motion was carried. I. SDR-1091 MATE VOROS, PIERCE ROAD The City Manager explained that a~'~the necessary requirements have been met for granting building site approval on this property. However, there Ci~i_~_r~'quest by Mr. Beaudoin, on behalf of the applicant, that a Deferred Improvement Agreement be~d"+D for the purpose of deferring Condition "D" of the site approval'. ~'%~i~ted that has been recommended by the Director of Public Works that this request be denied on the basis' that there doesn't appear to be any hardship involved with this requirement, and Deferred Improvement Agreements are, n~rmally granted only in cases where a unique problem exists. Mr. Beaudoin was in question as to whether the City's needs would be better met if the improvement is made at some future time~When other improvements are made in the area. .He stated that at the pre~ent time there is no in~n. ed~a~eDpossibility for improvements unless the City decides to widen Pierce Road on either side of this property. Mr. BeaUdoin stated that~i'~'~ ~.__~ this Road is widened to a 20-foot h~alf-street, there would be a 14-foot recess in the road with utilitity poles at the edge of the existing road~ and a berm. He indicated this woul~d cost the developer a significant amount of money to make' this improvement; however, he stated this is not the primary consideration. He stated there w.~ld be no addition to the traffic flow on Pierce Road, and he felt this would create a potential safety problem in this improved area. Mr. Beaudoin indicated that he is suggesting ~hat the cnndition with regard to Pierce Road'bi"i~d~~s~th~;T~i~H~nf'~'alis f~r~ release of t~e zmprovement bond It was the feeling of the Council that this was n~o~t~an~p~reaso_~j_nab~l~r~equire__mefft and that it was of benefit to the C~ity to have this widening done. In~''~ addition, there are a number of parcels along Pierce Road which have this same condition. Following some additionar discussion of this request, it was moved by Councilman Kraus and seconded' by Councilman Diridon that the Building Sit~ Approval be granted; however, the rlequest for a ~eferred Improvement Agree- ment pertaining to Condition "D" of the Site Approval be denied. The motion was carried. · - 3 - V. PUBLIC HEARINGS A. ORDINANCE NO. 38.56 ' ~ Consideration of Ordinance of the City of Saratoga, Providing for Truck Traffic Route thru the City and Prohibiting Certain. Overnight Parking of Certain Vehicles in Residential Zoning Districts~. M~yor Smith explained this ordinance was introduced at the previous ~ity Council Meeting, and this evening there is before the Council a modified version of the original draft~ He ~hen outlin~d~~'~r~dFnafice~'~'~ ! follows:, ~ ..... ~-~ --,- "' ' .1) Section 9-100: This ~aises the,weight limit from three tons to five tons/eliminating the problem of campers and ot~her recreational ve~icles falling under this,~o/~_r~'i__n~ce~..~ 2) Section 9~101: The designated truck traffic routes remain the sa~e as in the original ordinance. Highway 85 and Highway 9 are designated truck routes~by virtue of the fact they are State Highways. 3) Section 9-102: The-Special CirCumstances under which vehicles exceeding the five-ton limit may use restricted streets has been retaihed. 4) Sectioh 9-10~: Throughout the prdinance the t~rm "commercial vehicle" has been substituted for "truck". The regulations applicable to such vehicles, regardless of their weight, are the. same as in Section 9-103 of the original draft. 5) Section 9-103: This section attempts to adHress the problem of parking any vehicle exceeding the five-ton limit on any re- stricted street. The definition includes par~ing on the street and'on any public and privafe property in the area. It is only permissible to park such a vehicle where the property is contiguous to and abutting ~pon bne of the. truck routes. '. Counciiman Dwyer asked if the answer was "ever found to the question raised at the previou~ meeting . . . "What does a trailer being ~ulled by a vehicle weigh, and would this exce'ed five ~ons?" Mr. Johnston, City Attorney, replie~ he doesn't believe this particular question ha~ been answered because~nstead of drafting 'this ordinance at "any vehicle over five tons", it now refers to any "commercial vehicle over five tons", which is defined as any vehicle being used f~r commercial purposes rather'than recreational purposes. CoUncilman Bridges commented that he was a little concerned about Section 9-103 in that it would seem to 'encourage parking of commercial vehicles on routes which run through residential sections. Mr. Johnston commented that the lasZt section of the ordinance relates to cormnercial vehicles,~h&v~ng not~i~g~ to do ~ith the Truck Ordinance, but amending another part of the Code, and prohibits overnight parking of certain commercial vehicles between 2:00 ~.M'. and 6:00 A.M. Section 9-103 prohibits parking on any street _in a residential districf, even if it happens to be a truck route because it refe'rs to both public and private property, in any event, in a residential districlt, except for temporary stops for loading and unloading. - 4 - 'KORDINANCE NO~ The Mayor opened the public hea~ing at 8:45 P.M .... Mr. Norm Martin of the Saratoga Planning Commission, indicated that removable campers are required to have a commercial license. The C~y Manager advised that this.is why the weight allowance was'raised from three tons to five tons; thus~'i~-'~hjs type of vehicle under t~e ordinance. Councilman Bridges inquired if the!staff has checked these weights, his concern being that. the five-ton limit may be too high, refering specifically to an empty trailer. It was his 'f~e!ing this can be just as undesirable as a large tractor, but it would fall under the fiveiron limit. Mr. Johnston indicated that Section.9-100 provides that any component part ~of'~com. bina_~.~n tractor-trailer!is ~e~b~ within the perimeter of the ordinance. Fir. C~ark Smith addressed the Council and stated {twas his recollection there was a dimension requirement ~ied to this6rdinance. The City Attorney clarified 'this b~ indicating thai the dimension relates solely to the overnight parking of' any commercial vehicle Of eight feet in height and twenty feet ip l~ngth, ~nd this would obviouSly take care of' vehicles weighing less than five tgns. Recreational vehicles are not defined in the Vehicle Code as "commercial vehicles", even if they have a commercial license. Mr. Dwight Bar~t, a new resident Of Saratoga, commented that he is con- cerned about a truck route~~~runnf~g'~long Saratoga Avenue. Mayor Smith indicated he didn't'feel the designation of Saratoga Av~ue as a "truck route" would concentrate any more trucks on this route [han presently. He further indicatd there are no plans by the Council or the Planning Commission to change the width of Saratoga Avenue from Fruitvale Avenue to the Village Area. Councilman Dwyer added that there ~s no parallel street in that direction across the city, and he didn't feel the ordinance would be adding any truck traffic to this road. He explained that the truck ordinance is intended to encourage trucks to ge~ back on the main route rather than short-cutting through residential ~treetsin the area. Councilman Diridon commented that he is concerned that large r'ecreational vehicles are excluded from th~s o~dinance and felt that they do create a traffic-hazard and they are. also upsightly. Mayor Smith felt i[ might be best to int'roduce th~ ordinance this evening, and before the next meeting obtain: any additional input with regard to recreational vehicles. It was, therefore, moved by Councilman Diridon and secon'ded by Councilman Bridges that O~dinance No. 38.56 be introduced and the reading be waived4_' The motion was carried. The ordinance will be agendized for_~i"fin"~Y~action~'t the regular City Counci~ Meeting of March 20, 1974. - 5 - VI. ADMINISTRATIVE MATTERS A. MAYOR B. FINANCE 1. Payment of Claims It was moved by Councilman Owyer and seconded by Councilman Kraus that the llst of disbursements, 18802 thru 18884, be approved and the Mayor be authorized to sign the warrants. The motion was carried. C. COUNCIL AND COMMISSION REPORTS 1. Planning Commission - Recommendation Re: General Plan Mr. Rowe announced the PlanningCommission has adopted two segments of the General Plan to date: 1) Objectives, Policies, Actions 2) Sphere of Influenc'e The City Manager indicated City Council public hearing dates for the General Plan would be discussed at the March 12th Committee Of the Whole Meeting. 2. Library Commission - Recommendation Re: Proposed ~ibrary Site The public hearing to consider the proposed library site was set for April 3, 1974. D. DEPARTMENT HEADS AND OFFICERS 1. Department of Publid Works - Report Re: H.A. Beaudine Request for Deferment of Item ~D" of Conditions for Tentative Map Approval - Pierce Road Improvement. This request was denied (see page 3, IV-I, SDR-109I). 2. Department of P~blic Works ~ Report Re: Donald A. Perata Request Re: Requirements f6r Improvements FiRe Road. Mr. Shook reported he has not been able to meet with Mr. Perata; requested that report be postponed to next regular meeting. 3. Planning Department - Report Re! Appeal of Ladd Development Committee Approval 6f Stanley R. Lee, McGill and Bohlman Roads. Mr. Rowe, Acting Planning Director, reported that the appeal.._~s_c___he'~d?ed _t_o~ii6~e~ on February 21st, has been continued two weeks. E. CITY MANAGER 1. Report Re: Newspaper Articleid San ~ose Mercury Re: Double Taxation The City Manager reported the f~ur tax code areas referred to under Sanitation Districts are being proper~y taxed acdording'to the current interpret ion of the laws of the sanitation districts. Sanitation Distr~ct ~ to investigate and report. The~_~ [ax~ode areas .referred to under Fire ~f~ricts Within the City limit'have n~[~~ Saratoga Fi~e'Distri~ nor'Central Fire District tax rates listed on their tax bills. The Board of Supervisors at LAFCO will consider this matter at their next meeting. The City Manager indicated in b~th of these issues, it is a matter of under-taxation rather than doUble-taxation. - 6 - 2. Request for Change Order No. 2, Gar~iner ParkDeVelopmept Miss Barbara SampSon, Director of Community Services, outlined the three sections of the proposed dhange order, as follows: Section A: Install 160 yar4s fir bark in play area; remove sand and spreadover planing areas. $1,890 Section B: Provid~ ~6-foot~ity Standard Curb Cut; install 2 wooden bollards. 310 Section C: Add 50 feet railroad tie burbing at play box and 1% minimum ~wail ih lawn behind curbing 120 Total Ch~a'~nge~'~?~er~~,320 Miss Sampson referred to a letter received from David A. Stevens, M.D. Chief, Division of Infectious D~seases, Santa Clara Valley Medica~ Center, detailing the dangers of communicable infectious diseases from sand box areas and encouraging this be t~ken into consideration when deyeloping the park play area. It was moved by Councilman Dwyer and seconded by Councilman Bridges that the recommended change order for Gardiner Park Development be approved. The motion was carried. 3. Request for Block Party, Dundee Ave. at Kevin Ave. - March 16, 1974. It was moved by Councilman Dwyer and seconded by Councilman Kraus that the request for block par~y be approved. The motion was carried. 4-i March Gasoline Allocation Reported that gasoline allocation is down 24% of thatr_~eceived in February and 250 gallons less~tha~nhe VII. COMMUNICATIONS A. WRITTEN 1. Richard C. Van Valer, 19753 Farwell Ave., Re: Fruitvale Ave. Speed Study. - This will be considered at the March'12th Committee of the Whole Meeting. B. ORAL VIII. ADJOURNMENT It was moved by Councilman Bridges and sec6nded by Councilman Diridon that the meeting be adjourned to~an Executive S~ssion for discussion of Kocher-Tyler matter relating to Saratoga Cree~and to a Special Meeting on March 12, 1974 to canvass the iM~hi.~rele~t{o~TMresults. The motion was carried. The meeting was adjourned a~'~.j~5'P~~ ..... espectful submitted, R~ o - 7 ~