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HomeMy WebLinkAbout05-15-1974 City Council Minutes ' MINUTES .SARATOGA CITY COUNCIL TIME: Wednesday, May 15, 1974- 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Bridges, Brigham~ Kraus~an~'Smi~i ~' ~ 'j' Absent: Councilman Diridon (arrived later) .... B. MINUTES It wa~ moved by Councilman Bridges and seconded by Councilman Kraus that the minutes of April 17, 1974 be approved~ The motion was carried. C. SPECIAL PRESENTATION: QUITO SCHOOL TkAFFIC SURVEY The City Manager introduced Fir. Goth,~teacher at Quito Elementary School,' who, in turn introduced four 6th grad~ students in his class Who have partici- pated in a ten-hour survey at the intersection of Quito and McCoy. Students Mike Mahoney, Richard Dorich~ Donna Witherspoon and Dianne Boudreault individually voiced their comments in support of ~"~tr~ffic ~ig~l~ intersection ~s~_w_~_~S~ rea'sons why they felt a crossing gu~d was not an' adequate means of controlling this traffic. FollOwing a discussion by the Council, it was recommended by Mayor Smith that ~ me~ti~g Of the ?[hr~e j~ri~d~dklons" i~lved '(Count~ <g~ 'ssa~a~ ~a~ TM City q~a~'~.~5~e a~T~ ~f ~aratog~ 'a~ang~'~ meeting ko'd~ne ofinstallin~ ~"~ligna~ at this intersection. The students indicated they would be making their presentation to the City of San Jose on May g8th. The Mayor advised that the City would meet withi the County and City of San Jose following the May 28th presentatiqn. and report back to the Council the results of this meeting. II. BIDS AND CONTRACTS ~? A. OSTERLUND ENTERPRISES, ALLENDALE AVE.~- TRACT 4768 Agreement between the City of Saratoga and Osterlund Enterprises, Inc. for ~.nstallation of Landscaping, Landscaping Improvements, etc. Upon the recommendation of the Directzor of Public Works and the City Attorney, it was moved by Councilman Bridges and seconded by'Councilman Brigham that the Mayor be authorized to execute the Landscaping Agreement with Osterlund Enterprises and to receive and record' the ~Offer of:Dedlcation. The motion was carried. III. PETITIONS, ORDINANCES AND =FpRMAL R~SOLUTIONS' ' A. RESOLUTION NO. 693 A ResoiutiSn of the Cit~Council of ~he City of SaratoKa Commending the ADDlied Material Bears SoccerTeam. It was moved by Mayo~ Smith and seconded by Councilman Kraus that Resolution 693 be adopted. The motion was carried. B, RESOLUTION NO. 677-1. (Cont'd. 4/17~/74) A Resolution of the City C~.uncil of~'the City of Saratoga Amending ResolutiOn No. 677 Applying for IEligibilitZ of. Said City .to' qualify for Federal Flood Insurance.under fhe National Flood Insurance Act of 1968. The City Manager indicated that the.question came up at the April 17th meeting regarding the affect thiS re~Qlutioh might have on ~hose people obtaining home loans, and also, the affect this wo~ld have on other types of insurance~ He advised that after checking with a number of banks in the area, it has been found, generally speaking, that the'~ are requiring flood insurance for con- struction in flood prone areas. The City Manager advised 'that the Flood Disaster Pro~ection Act of 1973 has been signed ihto law, and after July 1, ~975, participation in this program will be mandatory. It was moved by Councilman Kraus and. secondedby Councilman Brigham that Resolution 677-1 be adopted. The motion was carried. C. RESOLUTION/~NO'.694 A Resolution Changing street Name of. Arbolado Court to Wood Dell Court It was moved by CouncilmEn Bridges~and seconded, by Councilman Kraus that - Resolution 694 b~ ~adOpted. .The motiOn'was darried'.-· D. PETITION FOR GOVERNI~G BODy OF THE~CITY TO PASS AN ORDINANCE REQUIRING ADEQUATE FENCING PROTECTION AROUND SWIMMING POOLS WITHIN THE CITY LIMITS The City Managed refer~n~ed~a ietter,~d~.'_~'the. Planning Department from Mrs. Thomas E. BuCkl~y,'15300 E1 CaminO Gr~de, perta~n£ng to this issue. He indicated it would be his'recommendation.this matter be referred to the staff ~'~'. for review, with a report back to the Council within thirty days. The question was asked if an ordinande i~c<~=dlr whether or not it would be made retroactive to those residents ~ith e~{st~~ pools or be applicable only new swimming pools. The Mayor felt the matter should be referred to the staff for review 'and a report to follow in thirty days. The Council concurred with this recommendation. RESOLUTION NO. 695' Resolution Adopting the General Plan 'and Sphere of Influence Plan The City Manager explained that it is recommended this resolution be~o~t~dne~ to' the first City Council Meeting in June, due to some technical proSle~'~i~h have been encountered in the drafting!of this resolution. Mr. Miles Rankin addressed'the Council, representing the Board of Directors of The Good Government Group, sta~ing he'would like to call to the Council's attention ,I~m~r2~ Pa~i~f'G[~irPl~nYObj~Yi~as~Pgl~ci~dtigns~do~[~d'~the ~ '~ounc~l =~ting gf~' Ma~ 1, i~7~7' ~He ~hg~t~d' ~[a' ~e' a~prg~i~e~ '~o~di~g might be: "Provide architectural design review for 'all commercial development in Saratoga and on all other development a~ required, ~o the g~eatest legal exten~ possible." Mr. Rankin further questioned the designation'of "PD" (residential). on page 7 of the document and indicated he didn't feel the Plan should_consider anything other.than "Single-Famiiy Residential wise. ~e'~d [~ee ~dgd'~b~ernment :b'~o~Lfs~r[i~l~rly ~ ll~__r~as~l ~re~t~'~n~t~l ~nd~ eas~ %f_~a_rato~~ s~Ro~d ~ De~T'~t~e .r~road,~ i traCks..and~x AvenU~ -2 - With regard to Mr. Rankin!s suggestion concerning the final sentence on Page 1' of the General Plan Objectiv~s~,-.Policies, Actions~.~ayor Smith commented that this is intended as ~generall'st~t~ment ahd as a resUl[ of a compromise. He. didn't feel it would be interpreted in the way Mr. R~kin had indicated, .requiring design review On all residential developments. Mr. Rowe, Acting Plannlng Director, stated.the Planning Commission had viewed those parcels designated "PD" (residehtial) as an opportunity to bring in more creative uses. The City Attorney~tated he was unsur~ if it was the inteht of the Council'~ij~ repeal the 1968 General Plan .and adopt the Plan as presehted by Willjams and Mocine in its plac~ or to treat the n~w plan as a modification to the 1968 General Plan. He further staked the 1968 General Plan had certain elements which were to bede~eloped over a ten-year or twenty five-year span, and ?~l~n, .i~ may we~P.be~repe~ling sg~ t~in~s~o~nClf%~n~'t~f~7 There~ f'ore, ~"~as' ~is'~d~e'~'ti0~'[h~the Flanning ConSultan[ be asked to compare the 1968 General Plan with the proposed Plan and pinpoint any discrepancies. The MayOr agreed Willjams and Mocine ~hould be delegated'this responsibility and indicated this matter would be continued to the regular City Council Meeting on June. 5th. F. PETITION FROM RESIDENTS ON LOMITA AVE. PROTESTING THE PROPOSED CONSTRUCTION OF A TWO-STORY DWELLINGON LOMITA AVENUE~ Mayor Smith explained that this petition~I~e~uests the Planning Commission to refuse granting Mr. Robert Miller permission 't~'c6~s~tra"t~o~s~B~ ~elling behind the residence of Mr. Richard S~dholt on Lomita Avenue, for reasons as follows: 1) Residents greatly prize the rural atmosphere of th'is neighborhood and feel a. two~story structur~ would not be harmonious.with the existing homes in the area. 2) A twoSstory structure would cause material.damage to the property of Mr. Richard Sudholt, 20610'Lomita Ave. and Mrs. Virginia Kerr, 20620 Lomita Ave. by the undue-loss of privacy and view. The Mayor asked for a staff report setting-out'Ithe sequence of events relative to this application. The City Manager advised that at the first of the year the new Two-Story O~dinance went into effect. He then ~xplained the .concept of this ordinance and what it accomplishe~: 1) The. procedure to be followed when a resident wishes totadd a second story or another level to his already existing home; and 2) how to deal with new two-story structures on undeveloped.lots. He explained that' Mr. M{ller applied for a use permit in February, 1974 to build__. a two-story structL~re, and was'told this would not be required.I~ince [iS' b~iidin~l ~s~'~id~8~co~lied ,w~e~_~.'~fr~j~e~6~ of the Zoning Or~i~a~e~lIl~il aS'the'Two-S~y Ordinance. He then read that-section of the Two-Story Ordinance which applied'to Mr. Miller~s~situation and indicated on the basis of this, the' staff had concluded that Mr. Miller could proceed t'o. obtain his building permit. ~itl~as at ~h~s time that a number of. residents appealed the ap~lfcati~n ~ th~refgre, the staff withheld the issuance of the building permit and.-su~es'ted thai ~ecaus~ of the ambiguity, Mr. Miller should p6ssibly request a yariance and consult the City Attorney for an opinion in this matter. He explained that M~. Miller applied ~or the variance and this was set for a public'hearing.before. the Planning Commission on May 8, 1974. The petition~s_~ ~ ~i Ve~- ~he '~ty :Ion~M~ 6, 1974 ~f~dj~he ~Ci~[~ey's opinion was received on ~[~s~d~'~nd 8~the basis o~ the Cit~ Atf~rney's recommendations, the Planning Con~nission determined th~ta.variance wouid nbt be required. Therefore, Mr. Miller'would be permitted to obtain a Building permit.. However,. the following afternoon three residentS'approached the'City Manager regarding this matterr and submitted a petition to the City Council. Therefore, the Building Official was again requested to withhold issuance of the building permit, and it was indicated the matter would be considered by the City Council. The City At~6rney commented that the Ordinance states that when it is iocated next to a multi-story structure an individual can build a multi-story, but if located next to a two-story, hecan~t build a multi-story; however, it doesn't take int~2considerati0n where there i's a single-story on one side and a multi- story on the other. He indicated.whenthis matter.originally came up on a staff level the Ordinance was interpreted as meaning that the applicant could build, and then, apparently, there was some doubt. Mr. Johnston felt that if there was any problem involved, he felt the Council should consider changing the Ordinance; however, he didn't feel they should change the interpretation and it should be left ~ favor of the per.son who wants to build. Mr. Richard Sudholt, 20610 ~omita Avenue, addressed the COuncil, stating that he and the surrounding residents in this area are going tO be faced with something which will be the height Of a three-story building. He felt that it would seem to him the person-whose home is not yet built'would be'less hurt than the~ghbors ~'~6 ~%~'S~e~i~g~sE~ ~?~h~s two-story home. ' Mr. Stanley Bogosian, 20630 Lomita Avenue, commented he didn't feel there was ambiguity in the Ordinance, but that the decision hinges on the interpretation of "contiguous". The'City Attorney.commented that it may be good planning to have an ordinance that provided that the'contiguity'would relate to the-structure as distinguished from the site; however, this is not the way the ordinance currently reads. Mr. Robert Miller addressed the Council and indicated that there are two neighbors, lot 4 and lot 30, .who do not object ~i[~ the proposed two-story house. 'Mr.'Miller further 'pointed out that the V~rianCe'C0mmitteeCi~d ~a~e'~an on-site inspection of this proposed Bhilding, and it Was determined that a variance on this proposed two-Story structure would not be negessary. Fir. Miller. further pointed out this two-story house would ~eet the setback requirementsas set out in the Two-Stgry Ordinance, and also, this-was on a "fla" g lot. In addition, Mr. Miller.stated he didn't feei the house would be Obstructing the views of the Sudholt!a;or the Kerr's. SUdholt was of the pini0n this two-story home would violate ? lp~graph-of the Two-Story Ordinance in that it would invade privacy,:~idterfere with the viewe and have an adverse impact on the aesthetic character of'the neighborhood. Due' to the fact the Planning CommissiOn was willing to provide a variance in . this ' situation,~an~d"~ L~he opinion of~ the City Attorney, the Ordinance w~ujd. no~ be applicable in this situation, the Council was of the consensus that 'jj could take no action.and that a building permit should be issued to Mr. Miller. G. RESOLUTION NO. 696 - ~iLLAGE PARKING DISTRICT NO.'2 (Includes Res. 696 Series) A Resolution AppOinting Engineers and]Authorizing Execution of Contract for Engineering Services 'I " The City Manager indicated the City Cguncil is in receipt of a petition forthe formation of a parking assessment district. He explained that the area under consideration is adjacent'~o Big Basin Way-between Thfrd Street and Fifty Street. He .indicated that approximately 73% of the ~ro~erty owners within the proposed district boundaries signed the petiti6n. He stated that in the case of three of the areas, there are requirements,whiCh h~ve been imposed by the Planning .... Commission on proposed develop~ents in the area that they participate in a Parking ~Ssessment District. He stated the information before the Council this evening is the first step in the' intent to proceed with some of the pre- liminary work which has to be done by~e~'~fl=~t~f~nd engineers, and the adoption of these resolutions would set~i~B[f0n ~ preliminary steps com- -pleted prior to commencing-with the public hearings. Mr. Shaw, owner of the Saratoga Theatre~ addressed the Council and requested that if the Parking Assessment Distrfct is approved, the theatre be excluded from the plans. Mr. Shaw indicated that the theatre already has an allotted parking area for customers, as well as tenants in this build ing, and his income would be substantially reduced! if he-had to pay th~ maintenance costs connected.with the Parking-Assessment! District. Ma'yor Smith was of the feeling the theatre business would benefit' with the Assessment District; however, Mrj Sh~w did not agree. Mr. Tom Brown~ speaking .on behal'f of his mother who owns a home in the proposed ' Assessment District, requested<t~q'~_u~l approve a change of zoning on this property from~"~4&'ntial"' to "Co~e;cial", due to the potential decrease in property value as a re~ultof the proposed parking.f'lot next to this property. The Mayor explained that if the Council adopts these resolutions this evening i~ would initiate the actions only anH they could be abandoned at any time. The City Manager indicated _a ~oint me~ting with the Planning Commission .could be scheduled to review the Village Pl*an and the proposed boundaries, and the matter could be re-~gendized for'acti'on at the regular City Council Meeting on June 5th. This suggestion was acceptsable to the Council; therefore a joint meeting.will be scheduled a6d the mat.ter'will be continued to the next regular City Council Meeting for action. IV. SUBDIVISIONS, BUILDING SI-TES ~ ZONING ~Q~STS ' A. SDR-1099 JO~ LO~Y, P~OMINO WAY - 1 LOT Itiwas moved by Councilman ~aus and seconded by Councilman Bridges that Resolution No. SDR-1099-1, granting Final Building Site Approval, be adopted. The motion was carried. Bi SD-1110 ~IVIDE~ INDUSTRIES, S~TOGA-LOS GATOS RO~ ~ Appeal by Santa Clara County ~cheological Society of Planning .Director's Determination and Filing of a Negative Declaration The City Manager indicated that an ap'peal has been received from Mr. Robert Bergthold of the Santa~Clara 'County ~chaeological Society regarding the decision of the ~ting Planning~Director to file a hegative ~eclaration for'tentative map approval on a fifteen-lot subdivisions.off Saratoga-Los'Gatos Road. Mr. Bergthold advised thai the ArchaeOlogical Society behame involved in a pre- permit archaeological ~urvey of all pbtential building sites in Saratoga approxi- mately one year ago, primarily for the purpose of facilitating the City.~in determining whether or not there are: archaeological remains on the site. 'Mr. Bergthold indicated'in this particular instance remains of flake and mortar were found on the property; therefore, they are asking that an impact study be conducted. Mr. Richard Oliver ~f~Divid~nd Industries'advised he' had talked with the repre- sentative from the ArchaeOlogical Society, and at Chat time, he had indicated finding flake remains oh the'propertg', but had not m~Htioned finding mortar. It was his feeling[~i~i ~!~l~'~n' f~und in th'e c~eekSide. It was Mr. Oliver's - 5 - feeling, however, that.any extractions could be taken from this property within the next ninety days so as not~ to place an unnecessary burden on the ~QW~'.~'~his property, as well as th~ developer. Mr. Oliver indicated it would be his recommendation the Council authorize a professional arChaeologistl to go out on this site and excavate within the next two to three weeks, and if s6mething ofsubstan~ial interest is found, bring it ,to the attention of the Planning Commission or the Council at a future meeting. The Council indicated ins interest to have an archae0~ogist donduct a study of this property and continue the matter!to an AdjourneD Regular Meeting next Tuesday, May 21st. It was therefore mo~ed by Councilman Kraus and seconded by Councilman Bridges the matter be c0ntin~ed to an Adjourned.Regular Meeting on May 21st. The motion was carried.i V. PUBLIC HEARINGS A. AVCO COMMUNITY DEVELOPERS . An'~peal of the Plannin~ Commission Decision to Deny the Application of Avco Community D~velopers for Tentative Ma~ Approval of an 18-Lot Subdivision on Cox Avenue~ Summerplace Unit 2~ City of Saratoga The City Manager outlined the informaeion which has been received by the City Council relatingto this appeal. He ~ndicated there is a letter from Mr. Cecchi of MacKay and Somps requestingzthis appeal, as well as a letter from William McLean,/Attb[~y~C~p~esenting Avco Community Developers, requesting the City Council to adopt a.resolutio~ which would authorize'opening the pro- posed street within the subdivision sO that it could be'constructed within the freeway right-of-way. Mr. Rowe, Acting Director 'of Planning, advised that this a'prpposal for anl8- lot subdivision off Cox Avenue. Mr. Rowe indicated there were a number of discrepancies in this tentative mapjW~ich were noted in'the staff report, 'r a h i' e ign of an lg-let ubdi ision along astraight-shot subdivision; the length is in excess 6f~ City~rpolicy, 12 lots 'bein~the usual length. ~) Lack of emergency access. Access is provided between two house lots on a graph barrier type 9f arFangement..,' However, it is 'felt this would be somewhat awkwardbecause~of the~re~ati~nshippfthe ~oad~opposite this access and, also, there is only a seven-foot clearance given to the wall which does not ease the street circulatio~ ~rob!em. 3)~The project double-fronts the lots which face Soland Drive. Mr. Rowe indicated. it~was-for the ~ov~i'reasons the Planning Commission voted for.denial of'~hi~ tentative map. Mr. Beyer, City M nager, added that t ere is' four feet which would be designated as. a walking area'and 12~ feet ~s ~"l~dsca~e buffer. Mayor Smith commented that he felt'it was necessary to provide an adeqhate link between so~e of the potential parcels]if the City<i~j~'to %~medaX~acquire some of' this state land for public use.-He f~rther indicat~d'h~ w6~'.~ike to see the public!lands'which are in this right-ef-way connected in some meaningful wayl.and felt this would necessitate the development of private lands in such a fashipn that it would lend itself to developmept of future park'lands. Councilman Kraus as'ked how the emergency access was acquired. Mr. Rowe replied it was his understanding it was acquired through an arrangement with the property owner on lot'26. Councilman Kraus indicated~he was somewhat disturbed about the 1200 foot cul-de-sac -and wondered what' the situation would be if lot 27 weren't there. The Mayor opened. the ~ublfc hearing at 10:10 p.m. Mr. Richard Cedchi of. MacKay and Somps addressed the Council, stating that in an i~vestigation of the lot configurations, etc., it was his feeling this development would fall within the R-l-12 500 PD zone. He stated their propos~ ,,i~[o'lpu[~his-st~eet in a compatible position and has been consented to by th~ de~l~p~.~' ~fdb=~e~ard to utilities !and services, the developer has gone to considerable expense to p~ovide the.necessary easements, add the thirty-foot paved section has been unofficially approved by the Department of Public Works. Mayor Smith ,asked Mr. Cecchi~if he felt his client would be willing to increase this paved section even more. ~Mr. o Cecchi replied they'could retain 12,500 square foot lot~areas ifthe street is moved into the lots by 2.5 feet. The parkway from the curb on'that.~ide~'would b~ about 19! feet. Mar~'Cecchi stated they could accommodate appro~imately,~'Bi~ycle:p'ath-pedestrianwafkway combination, and they 'would .fully intend to provide linkage. He indicated the landscaping would provide Mayor Smith asked if the trail iinkag~ at the cul-de-sac end of the street be continuous with the City park. Mr. Cecchi replied that there ~ould b~2a'slight separatkon; therefore, you cou~dh't ~uite make the connection. Mr. Cecchi indicated that this proposed street has been categorized as a "cul~de-sac". He indicated that in lboking at this-on the map, it appears 'there are some lines which represent ~ possible expansion of this street in the future. Mr. Cecchi indicated there are a number of ways to~go~&fid it would depend on the the City~s use of the p'~blic land or land owned by the State. He stated that if they do consider this as a cul-de-sac~ it must be considered what mitigation has to be taken by the developer. He stated theyha~e ~dd~?Tan investigation, and' asa result~ made a proposal to the owner of lot 23 adjacent tract. Mr. Cecctiistated their intention was to purchase a small' piece of this property; bowever, the price went up considerably. He stated in a further inveseigation they found the ~cully Avenue right-of-way is under the ownership of Valley Title Co. and isbeing utilized for park purposes. Mr. Cecchi indicated that the primary concern in this purchase of land was that they would b~,disturbing the,existing park facilities; and also, when they evaluated the economics it was aivery substantial investment. Another consideration wa~:"What Wodld hhe reaction be of the. people on Scully?" It was felt this would not be fav0rable;,therefore, it was felt this was not the' way to mitigate a secondary access to this street. The developer looked at the feasibility of moving structuresand,this was unfavorable. Therefore, Avco went to lot 26 to negotiate ~ith:the owner for the entire purchase of the lot. The result of this negotiation is that the developer has provided secondary emergency ingress-egress connection tO the street, and this has the full 18-foot .improved street section. Mr. Ceechi s~ated this section is Cl~a~e~:'~%?hrn a 20-foot right-of-way, and the distanc~ between the edge of thee pfvd~e~t 'to'the .... '. fireplace is 7 feet. He stated they would go a step further and remove Che fire- place, and therefore, .felt they have,~rovided reasonable mitigation for this lenthy street which.terminates'temporarily. Mr. Cecchi further stated that the. landscape buffer of approximately 19~ feet would allow for good turning and there is no reason why this should haveto ~ine up with the street. Mr. Cecchi indicated that the setback requirement on homes of this type is normally 10 feet; however, this would be 27 feet. Mr. Cecchi stated'the other mitigating factor is that they provide an intermediate turn-around, and he felt 1200 feet would be adequate to make this turn. Mr., Cecchi felt that the 18 lots are mitigated by the emergency access, and stated he felt thi~ conforms with the General Plan Objectives, under Circulation,~i[e72:':, ~in~p!o__~iding 'for a secondary emergency access. ' Mr. Cecchi indicated that he feel~ the precedent of subdividing Route 85 has been set, and there are t~w~q~ever~pments by American Savings and Loan which they are currently in the pro~ss of developing. Mr. Cecchi indicated further ' that it was his understanding these t~o lots did not go through approval by the appropriate committee, as required by the State. Furthermore, at the time these developments were approved, the,stature which they refer to in recent correspondence,Ohas been in existencesfor 10 years, and since these two develop- ments were approved, he felt this should be. allOwed approval. Mr. Pete-Anderson, General Manager of~'Avco, addressed the Council and stated there are two problems in connect~on~with the rear portion of lot 23. He indicated there is a largeLbe~m. along, the portion~of'this lot which would abut the f~eeway right-of-way, and on top 6f this berm there is a 6-foo~ fence,~ making for a uniquely. ~solated back y~rd. Also,,in the middle of this back %~r~d, · the owner has const~Rcted a. ~imming. pool. Fir. Anderson stated that the~'price '-'; for this loss of privacy wodld"b~'sub~ea~tial, as the own~'s thinking is .i~ t~he'I area of $3.00 to ~4.00 per square foot for this property.' Therefore, ~it was felt the purchase of this property would be economically unfeasible. Fir. Anderson indicated {~eterm~aof~ ~o~'n~ect.~l~-~ he felt the State has authorized another use-for this'fighE~of:~ay ~d~has no intention of acquiring this parcel. Councilman Kraus asked Mr. Cecchi to' go over the grading of this development. Mr'.'Cecchi explained that they are proposing relatively general padding of approximately.l% slope and then a step pad of approximately 1 to 3 feet, and the.house would be designed to accommodate a 3-foot'split. Mayor Smith asked if the CLty approve~ this application and uses this land for .park or trail purposes, th~ existenceof the berm on lot 23 could present a difficult situation for .~he 'oFaer. Mr. Cecchi commented in this particular area there is no reason why it couldn't be contiguous to the curbing and possibly widened out. Councilman Kraus asked if the developer had indicated he would negotiate with the homeowner in lot 26. Mr. Andersen explained that in their effort to try and resolve the secondary access, they have made e~ery effort to provide s~me~foE~.~f'~mer~ency access. At that t'ime they learned that lot 26was on th~'~k'~t. 'M~"A~derson stated the owner is a former Avco employee, and at this point he does not know that Avco has'plans to purchase this house~ Mr. Andersen ~ndicated Avco has an option to purchase this house; however, ~h__ey .m~st close by June 9th; therefore, it was their hope that.favorable acti~n'~o~l~hbe:taken tonight which would enable them to purchase ~his house. CSuncilman Kraus asked ~[at ~vco's in[entionwould be after purchasing the house on lot 26. Fir. Anderson replied that their proposal for lot 26 would be to create the easement along the sideyard and then construct the emergency access. ,The house would then be sold to someone of the general public. Mr. John Hanna, Attorney representing Avco, indicated he felt it was important the Council recall the reason for this difficult configuration, this being that when the map was first presented, the. developer'was required to omit this piece from the plans becauseof the mistake~ impression the Cit~ had that the State intended to buy this corridor for the!freeway. Mr. Hanna indicated that the only .real problem the Planning Commission and staff seem to have has to de with the 400 feet length, and this would seem to be a matter of interpretation. He stated that Mr. Cecchi has already made the point that this is neither a dead-end street nor a cul-de-sac, but may at some time become a through street. However, it was his feeling the Council could use its discretion in approving or disapproving -a street ~00 feet in l~ngth. - 8- With regard to the 12-lot pOlicy, Mr. Hanna felt the'Updated General Plan should state that streets with more than 15,lots should require a primary, plus a secondary access. .Mr. Hanna stated that the'double frontage lot questionShas been raised, and it was his understanding there Would'be a.17 to 19 foot buffer between the rear of these lots. . ~ Mr. Hanna pointed out that the General Plan ind{cates the possible acquisition of this entire area for'parks, and if this is not feasible, AVco has indicated it would provide linkagelforlbicycles, pedestrians, etc., and he ~elt this -,17 to 19 foot easement would he moreSthan adequate for this purpose. He further indicated that if the City.cho6ses not to allow the developer to go forward,with -this developmentz/.based on the assumption thej~requirements of the ordinance, thxs/ pould be an unreasonable restriction on the rights of the property owner. Mr. Hanna stated/thi~v~tvoper doesn't want litigation or inverse condemnation' to occur -- they '~i like to sa~ "This is tk~p~ plan they can come up with." He stated that if the Council has any~'gg~e~modifications to impSave on these planS, they would be willing to consider these suggestions. Mr. Marshall, Planning Commissioner, 7connnented that as a member of the Con~nission and SubdiVision Cemmittee,'he would like to point out that one factor has been omitted in this discussion, and this is that the indivudu~l who worked for Avco prior to Mr. Cecchi made an error in ~he~a~ignment of Scully. Mr. Marshall indicated th~ Commission had outlined three possible alternatives to the problem: 1) consider moving the lot iline on lot 26;,2) take action to connect with Scully Ave.; or 3) sho~.some other means of .connection .to Scully. How- ever, the developer didn't provide another means, of access which should have been there. It was moved by Councilman Bridges an~ seconded by Councilman ~aus the public hearing .be closed. The '~l~a~r,e~'.~l'Th~' ~bii~ hearing was closed at 12:02 a'm. ~'~ ....... ~' ' ...... '~ Mayor Smith commented that he would like to see the public-lands in this right- of-way connected in .some meaningful w~y, and this would necessitate the develop- ment of private lands in such a fashibn that it would lend itself to development of future Rark~lands. He felt the 17~ foot right-ofrway would provide the necessary pa~4B~i~?~T~i~ayordidn'tfee'l it, was fair,~however, to deny this appli- c~tibn 8niy'becau~it is an unu'sual-~haped piece of property. Councilman Bridges questioned if the ~andscaping provides an adequate buffer ~e~bYgl.frg~a~egsituatiom. ~ Mayor Smith asked ,about ~e possibility of lessening 'the requirements of t~e ..... pavement~ creating a half-street. Mr~. Shook, Director of ~blic WOrks, ~fe![ / i~ it were assumed this was going:to pea cul~de-sac, the reduction in width might present a pr~bf'em~ ~ Councilman KrauS,dommente,d tha~ hiS..f~eling.would be ~ this is all publ~ic land, that is how he WoUld liketo keep it.~ He felt the logical solution'wOuld be to open this street dp so the emergency access requirements are met. The City ~torney ~dyi~ed that, th~Cohncil could ~, a~Ji~m_or modify in any way the Planning Commission's determinations. ~s~[R~7 h0we~ E~e~ange ~[~P~'~=~i i ' determination~'~ould accompff~h' nothihgT" " ' CoUncilman Diridon felt the appropriate conditions would be: 1) emergency access be provided; 2) t9~ 'setbac~'requiremeDt between back property line of Solana and the beginning of the public street right-of-way; and 3)negotiate with lot 26 to obtain access to the park. Mayor Smith s~ggested the Council refer this back to the Planning Commission to rework to a point Which is agreeable. It was his~ recommendation the Council approve the conditions as outlined on the Planning Commission StaffsReport, ~§ee~il 24;i~4'~h~'wwe~ dgndition "w" be added to state that the developer be ~quired~tg'se~d"de~i~'dte t~ the City a portion of Lot 26, Summerplace, -.Unit ~1, which would complete the full connection of the lands of Saratoga to the lands to the north and west in Summperplace, Unit ~2. Councilman Bridges felt the matter s~ould be continued to the next regular meeting of June 5, 1974, and request any further comments from the Planning Commission with regard to recommendations discussed this evening. This was acceptable to the other Council members; the matter will therefore be agendized for June 5, .1974. B. PROPOSED DEMONSTRATION BICYCLE ROUTE SYSTEM, PHASE I (Cont'd. 3/20/74) Mayor Smith explained this hearing is continued from March 20, 1974, and since that time, the Council has met with the Bicycle Committee to discuss their propesal for the Demonstration Bicycle Route System, Phase I. The Council has asked for costs of the various proposals and alternatives, with the idea that the staff would come back with a revised map and approximate costs for the high priority projects in the Phase I implementation. The City Manager advised there is a memorandum from the Director of Public Works, outlinihg'the proposed changes to theiBicycle Committee's recommendations. Also included is a summary by street of the comments from the April 23rd Committee of · ~ the Whole Meeting and the cost for deletion or addition of items. Mr. Shoo~ then outlined on a map prepared by the staff as a result 6f the Committee of the Whole Meeting the'propoS~~ rouke for the Bicycle Route System. He pointed out on the cost'S~ma~y' sheet the indlviddal streets I'and the proposed modified cost for improvements.'in e~C~ ar~a, with'~ estimated total of $64,000. Also reflected on this cost summary sheet are the Bicycle Committee~s recommendations for each street, the proposed modifications 'and 9ost differential for making these modi- fications. ' - ~ Mr. Ralph Ramona, co=~w~e~',of the saratoga= Gatewa~ Buildingat 12901 Saratoga .~y~nu~._ indicated he ~as sorry he hadn't a[tended the previous work session.~ '~ 'He ipdicated it-Was'difficult for him to understand, after several meetings,'~'~ why the COUncil was not receptive toward the alternatives which he, as well as other owners of'property in the area'of Saratoga and Cox Avenues, had offered in lieu of eliminating parking in this area. He further indicated it seemed to him the letters which had been previously submitted now appear to have been dismissed. -. Mr. Shook explained it was his understanding that the Council~s instruction at 'the April 23rd~iCommittep of the Whole'Meeting that parking should be disallowed ~n those areas where it would take upthe entire bicycle lane. He further commented that this is a difficult area because immediately on the inside curb there is a median curb. Mr. 'Ramona felt that two 14-foot lanes in this area seemed exorbitant; also, it had been his understanding the Counci~ had.gone along with the proposal for pro- viding a path behind the curb. . Councilman Bridges stated that it had been his concern that a parked car would not let a bicycle pass in this area. 'Mayor Smith recollected that he had made the suggestion that the Council act on the'approval of the proposal, but particularly study the area from Herriman to the Village, and if any problems result, bring in citizen comment. The City Manager indicated if this is where the Council is, we could proceed in this direction and come back with red'~R~tio~s o~ spesi~fc~cations. Dr. Isaa~ Abrams indicated he had observed the follqWing: 1) Qn Highway 85 the route on the east side goes next to power poles, ~e'~felt some precaution should be taken in this area. 2) There are grates in the road When crossing Highway 9 to the Village and asked if this would be taken care of. 3) Tr~es would have to be trimmed in certain locations. !Dr. Abrams inquired'if the Council i~ talking about 9rossing S~ratoga-Los Gatos Road and continuing the path on the Opposite side, indicating he would rather continue on the north side and take his chances. Mayor Smith commented =,~a~ttler~tg~~8~d b~[o-improve the path on both sides as far as we can~ .... T~ .... ~"~'~'~ ~ ...... ~ ,' ,' Dr. Abrams further inquired if the Council would be talking about flatening of curbs. Mayo~ Smith replied the curbs would be ramped or curved. Mr. Shook commented it was his understanding the grates which Dr. ~rams refers to had been taken into conside~ationin the original cost figures. Mr. Sho~k advised that one of the suggestions that came out of the Committee of the ~ole Meeting ..was that the pathway system on Highway 85 go%up to Cox/Wardell, rather than an' alternate route going ~up Cox Avenue to Regan. Mr. Charles Huff, 12725 Miller Avenue', indicated he-would like to make a~few comments: Mr. Huff fe'lt there is ,a need to 7i~prove communications between City ~vernment and the citizens. He 'indicated he had not received. ample notice of the phbtic hearing~this~-evening. - He commented that there doesn't seem to be any significant criteria to determine whether or not we can shccessfully go-to Phase II. He stated there would h~ve to,be-~rit~ria-~'c~n~U~termined how much money we are~golngto'spend. It-~aS_ Mr~j'p~f~!?~f~eling the City is going to have tq face a tax increase inZ order to implement this system. Mr. Huff felt education shoul~l~'an,impbrta~t.~art and there should be funds set aside for this purpose.. He felt there should be individuals ass{gned to work'with the various~s~hools in~thetc.gmmunity. He also felt enfor~ment sh~uld be stresSed~ He commented' with regard to maintenance, indicating that his estimate for maintenance'would be approximately $9,500, or $18,000 per year. It was his feeling also 'that the City produce a master plan which tells the citizens exactly what the system is going to cost. .~ne Cox, student at West Valley College, asked if the bi~cle path north of ~.~ Allendale and Saratoga Avenue would be striped. Mr. Shook replied there would be=a bike lane striped at the side o~the road. Mr..Cox felt the Council should implement the path in this location on a trial basis toward the end of the-semester ~his year. Councilman Brigham agreed with this and felt the Council should d~velopsome timetabl~ssto get this path in toward the end of the summer. % The City Manager pointed out that one.year ago th'ere was $30,000 which~d V reverted to Gas Tax reserve, and thi~ icould be pulled out at any time. ~=Me~ stated. the 1974-75 Budget is going to~be presented in the next 30 days, and he is recommending th~ inclusion o~ a~ additional $20,000 for the purpose of maintenance of these paths. : 11 - Councilman Kraus indicated he would have a problem accepting the$64,000 figure; however, he would favor tentatively ~pproving the modified plan, with the ex- cept ion of items Councilman Diridon disagreed with the exclusion of item 2, sub-item 2, indicatihg he would support a total committment. in the ~ase I program of approximately $50,000. It w~s therefore moved by Councilman Diridon and seconded by Councilman Brigham tha~ the ~ase I modified plan be tentatively approved, with the exception of item 2, sub-item 4(Pathway - Wal~ott to Blauer - $9,300) and item 3, sub-item 1 ("No Parking" signs - $4,600) and request filing of a Negative Declaration on this project as proposed. The motion was carried, 4 to 1 in favor, Councilman ~aus opposed. VI. ~MINISTRATIVE MATTE~ A. MAYOR 1. Re-appointment of 3 Parks and Recreation Commissioners. It was moved by Councilman .Bridges and seconded by Councilman ~aus the redappointment of Parks-and Recreation Co~issioners for'a new 2-year term, as follows: Tom Wilberding, Sarah Jane Rose and Mildred Gordon. The motion was carried. 2~' AppOintment of Trails and'Pathways Task Force. Mayor Smithindicated these representatives would be officially appointed at the next regular meeting. B. F~C~' - 1. Payment of Claims It was moved by Councilman ~aus,and ~econded by Councilman Diridon the list of disbursements, 193~l, thr6ugh 19374, be, approved and the Mayor be authorized ,t6 sign'the warra~ts:~ The motion,was carried.' 2. City Clerk's Fipancial'Report - ~oted and filed. 3. City Treasurer's R~port - Noted and filed. C. CO~CIL ~ CO~ISSION REPORTS 1. Saratoga Youth Commission'- Request for Summe~ Concerts in Wildwood'~,~ark. Council indicated their support Qf the summer concerts', emphasizing they shohld be within the constraints~of the Parks Use Ordinance and NoiSe Ordinance. 2.Saratoga Youth Commission - Recommendations Re: Sheriff Department "Ride- Along" Program. This was referred to the City Mahager for further consideration. Report to be forthcoming'at a future City Council Meeting. 3. Planning Commission - Referral Re: Request for ,Clarification of Intent of NS-3.37, Section 2, (Two-stor~ Ordinance). Council indicated they would lik~ to hear staff recommendations on how the Two-Story Ordin~n~e_~ig~Ij~ ~m~ded and slrengthened. It was, therefore, continued to ~f~tUre meeting of~{[~lCity C~unC{f> D. DEPARTMENT HEADS AND OFFICERS 1.Dept. of Public WorksI- Recommendation Re: Proposal for Pike Road Improvements. It-was moved by Councilman Krau~ and s~conded by Councilman Brigham that the p~oposal for improvements to Pike Road be approved, per the Director of Public Works"staff report, dated May 8, 1974, subject to receipt of a Reimbursement Agreement. 'The!motion was c~rried. 2. Dept. of Public Works.- Deferred Improvement .Agreement, SDR-899, Edward Oliver (Jack D. McCready), SaratOga Avenue. It was moved by CounCilman Diridon and seconded by Councilman Kraus the execution of the Deferred Improvement Agreement and release of cash bond. The motion was carried. E. CITY MANAGER 1. ReqUest to Blogk Off Saratoga Ave. from Herriman Ave. to Big Basin Way .on June 30, 1974, for Fireman's Day Parade and Muster~ (between'9:30 a.m. & Noon) It was.moVed by Councilman Diridpn and seconded by Councilman Kraus the request be approved, subject to the provision. of necessary barriers and traffic lights and appropriate directions for detouring. The motion was carried. 2. Advised there,wouldl.be' ~n AdjoUrned Regular Meeting-on Tuesday, May 21st, to:. 1) re~ie~'th&~bids on the Cermak Wai~/Walkw~y';'~) consideration of the annual street r~surfacing project; and 3) AvCo tentative map. VII. CO~4UNICATIONS A. WRITTEN! ~ . 1. Maurice L. Martin, 245 Almendra Xve., Los Gatos, requesting an extension of building.si~e approval for his lgt at 14633 Quito~Road. - Continued to June 5th Meeting; referred to staff for a recommendation back to the Council ~=I 2. Alan A. Alameda, 12341 Saratoga-Sunnyvale Road, requesting the Council rescind the Performance Bond requirement for improv.ements. - Kpproved request, subject 'to exchange of the bond for a Deferred Improvement Agreement. Public Works - staff to follow Up. - 3. Donald M. Rains, Clerk, Board of Supervisors, requesting the City give its · recommendation for'appointment tolthe County Library Commission. - No specific recommendations. 4. Mrs. Bruce k. Black, 14170 Victor'Place, requesting the .Council give con- sideration to landscapin~ the med{an strip between Verde Vista Lane and the " Village. - Staff to.review and report back to the Council at future meeting. 5. Anthony Cocciardi, 22631 Mr. Eden~.Road, Re: Trust Deed to Sure~y Bond. ~=~ Continued to June 5th.Meeting; st~ff to review documents and obtain an opinion from the City Attorney. \ 6. Daniel N. Hoffman, Attorney at Daw, 1825 De La Cruz Blvd., Santa Clara, /.~,~__,_~,~ · Calif., expr'essing appreciation for the installation of traffic lights and~ ~-_ le~trhan~-turn signal at intersection of Saratoga-Sunnyvale Road-and Cox ~'~-J Avenue.-.Noted and filed. 7. T~wn of Los Gatos opposing expansion of Lexington Reservoir. - Noted and filed. 8. Alvin L. Spivak, 1913 Quebec Way,lSan Jose, favoring re-establishment of railway service as an alternative to further highway expansion. - Supervisor McCorquodale to speak at City Council Meeting on June 19, 1974. VIII. ADJOURNMENT ~ It was moved by Mayo~ Smith and Second~dl by Councilman Diridon the meeting be adjourned to an Adjourned Regular Meeting on Tuesd:ay, May 21st. The motion was carried. The motion was carried. ~The meeting was adjourned at 2:10 a.m. z. ~ ,' Respect ' 'ubmitted, R