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HomeMy WebLinkAbout07-03-1974 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, July 3, 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, Diridon, Kraus and Smith Absent: None B. MINUTES Councilman Kraus pointed out a correction to the minutes of June 19, 1974: Item "I", page 6, PROPOSED DEMONSTRATION BICYCLE ROUTE SYSTEM, indicating that he voted "no" on this issue. The correction was noted. It was then moved by Councilman Bridges and seconded by Councilman Kraus the minutes of June 11, June 25 and June 19 (as corrected) be approved. The motion was carried. C. APPOINTMENT OF PLANNING COMMISSIONER The City Clerk administered the Oath of Office to/L__~nda Call for her appointment~p~'anning Commissioner. II. BIDS AND CONTRACTS A. BROOKGLEN PARK (Cont'd. from 6/19/74) It was ~oved by Councilman Bridges and seconded by Councilman Kraus that the design for the proposed .park be accepted and the staff be authorized to advertise for bids oh August 1, 1974, in keeping with the latest revised ~ ....... ~. y _ And creation CommissiOn (items 1-14~!~ B. SEAL COATING AND OVERLAYING, VARIOUS CITY STREETS The City Manager reported the one bid received for the A.C. overlay work on this project was for $29,872.50, which is~l~ ~'l%'~o~l~h~l 7e~i~e~r, b"~e~l~ate ;, therefore, it is the recommendation of th~ DireCtOr o~'P~hliC ~o~k~'no action be taken on this portion of the project until the next regular City Council meeting. Two bids were received on the slurr~ seal work, the low bid of $24,770.86 from Bay Slu~ry Seal. It is the recommendation of the Public Works Director this bid be accepted, and also, that he be authorized to negotiate for an additional 700,000 square feet at the contract unit prices. 'It was moved by Councilman Diridon and seconded by Councilman Kraus that action on the A.C. overlay work be delayed~un~.i~the next regular City Council Meeting, and the low bid of $24,770.86 from Bay Slurry Seal for seal coating work be accepted, allowing the Director of Public Wdrks to negotiate for additional work under this contract, as set Out in his mem0~a~d~m'~a[a''' July 3, 1974. The motion was carried. -1- III'. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE NO. 38.50 (Second Reading) Ordinance of the City of~ Saratoga Amending Chapter 9 of the Saratoga City Code Providing for Tow-Away Zones It was moved by Councilman Bridges and seconded by Councilman Brigham Ordinance No. 38.50 be adopted. The motion was carried. B. PETITfON FROM RESIDENTSOF ASCENSION DRIVE REQUESTING TH CITY OF SARATOGA TO POST "NO PARKING" SIGNS ON BOTH SIDES OF ASCENSION DRIVE DURING MASS PERIODS ' (ContrOd. from 6/19/74) The City Manager'pointed out the resolution (MV-79) relating to this issue, which prohibits pa~king on the north and south sides of Ascension Driv~ from Terrance Avenue to Miller Avenue, from 8:00 a.m. to 1:00 p.m..on Sundays. Mayor Smith asked if anyone from the audience would like to speak regarding this issue. Mr. Daniel Popylisen, 19642 Ascension Drive, Vice'President Prides Crossing Homeowners Association, commented that he felt the most dangerous t{mes are during evening masses, particularly in the winter when it rains. He stated the visability is very poor at this time, and it is dangerous for those people who walk to '~n~j~6~ch~_r.~h~.~ Father Warner,Pastor at the Church Of.A~qension, commented that he felt if the signs are put up'v~.~sC~ns~o~t~rin~ Mass times, the same consideration Should be given'on Miller Avenue and 'on Scully Avenue. He then presented the Council with a petition signed by approximately 75 homeowners in the Prides Crossing area, requesting that the same permanent "No Parking" signs be placed on Ascension Drive as presently exist on both Miller Avenue and Scully Avenue, and also, that further study be given to extending a bicycle lane from Somerville Drive along the 'west side of Miller to Prospect Road. Father Warner indicated he Coo would favor this bicycle lane. Judge James Scott, 12122 Terrance Ave., commented that it was his feeling that unless there is a public safety need in eliminating .parking along Ascension Drive, it becomes a matter of personal convenience for the people who live there7 ~ It . was'a~so~his feeling "No Parking" signs would. be aesthetically damaging. There, fore, Judge Scott requested the' Council deny this request for "No Parking" signs on Ascension Drive. Mr. Charles Huff, 12725 Miller Ave., pointed out that the reason for "no parkkng" on Miller Avenue is that ~i~!is a collector street and also for reasons of safety. Mr. Huff felt that the real issue here'was that the Church does not have adequate .~f~5~t~eet parking -- there is parallel parking in the lot, and access is poor. Mr. Tom Morgan, 20612 Ritanna Court~ felt th~ sign~_~°0uld~onl~ be ~laced the south~e~6ftthe~s~t~andi-~ t~0~ peopl~ ~iving 9P .the opposite side 'of the street sHouldit.~th~irJfr~n~s=~tsto park.'{h front of [heir'homes 'durihg thes~ certain hours. ~r. Popylisen indicated that he remembers several years ago, Father Warner telling people not to park on Ascension Drive, but to park in the lot, and now it seems to be the reverse. Itswas his feeling that by improving the entrance and exit from Ascension Drive into the church parking lot this problem could be. resolved. Mr. Popylisen also felt that parking should be eliminated on both sides~ of the street~ Father Warner commented that he would like to remind the City Council that the Church cleared through the Public Works Department and through the Planning Commission for a sufficient amount of parking in their building, and they have over250 parking spaces, however, he stated the number of outlets is not sufficient. Father Warnet indicated they have cooperated with Public Works in providing outlets onto Prospect and onto Ascension Drive; however, Public Works has denied the Church's request for~additional outlets. Mayor Smith asked Father Warnet if he and other members of the church would be willing to meet with the city staff to work on this problem~of ingress and egress. Father Warner indicated he would be agreeable to this.~ ThOmas Richardson, 19666'Ascension Drive, indicated the residents have been confronted with this parking problem for the last several years, and ~ow with the coming of the Beth~mp~cr~S~p~he~S~e~t~i~w~ut~p~ar the- problems are compounding. He stated this is a residential width street and is not intended for much traffic flow, particularly with cars parked on either side. It was his feeling the parish members.be encouraged to us~ the parking provided b~ the-dhurch. Councilman Bridges questioned why the staff had'recommended "No Farking" only on Sunday from 8:00 a.m. to 1:00 p.m., and not on Sunday evenings. Mr. Shook, Director of Public Works stated that the staff has observed traffic in this area and has f~und the ~problem~!hours to be during the hours of heaviest attendance. Councilman Kraus indicated he would be in favor of adopting Resolution MV-79, with the modification that.parking be excluded on the south side of Ascension Drive only. Councilman Bridges felt the resolution should be approved in its present form as it was his understanding the Church approved the lot as a traffic'way, and not just a parking lot. · Councilman Kraus felt parking should still be allowed on the north side and additional hours should be inserted, as follows: Saturday: 7:00 p.m. to 8:00 p.m.; and Sunday: 5:00 p.m. to 6:00 p.m. It was, therefore, moved by Councilman Resolution MV-79 be adopted with th~ modifications that,parking be prohibited on the south side of Ascension, from Terrance Ave. to Miller Ave., and the Saturday and Sunday evening hours'be included. The motion was carried,~to!2 in favor, Councilman Bridges and oun ~lm in opposition. i C c aniKraus Mayor Smith suggested the City Manager set up a meeting during the next week with Mr. Popylisen, Father WarriOr, a representative of the Planning Commission, any other representatives of Prides Crossing and members of the city staff, to look at some of the difficulties expressed this evening pertinent to this issue. C. PETITION ENDORSING A TRAIL LINK ON PERIMETER OF WEST VALLEY JUNIOR COLLEGE Th~ City Manager indicated that a p~tition had been received signed by approxi- mately 129 people endorsing a traillink around the college campus, and requesting that the City negotiate with West Valley Col'lege to arrange such conditions.as are necessary to secure ~n equesfri~n and hiking trail around the College before the College places a fence on their property line preventing such passage. He further indicated'that the cfey COuncil discussed this matter approximately three months ago, specifically as it related to construction of the fence~in question. He explained there are basically three trails under consideration in -3- terms of the Master Plan. He then pointed out the trail in question on the overhead map and indicated there has,been a good deal of history in connection with this trail, the"~os~recent~being the Council's involvement with the formation of the West Valley 7C~llege Parking Assessment District, which-~a~ - not approved. He indicated that the trail is not presently in the City's approved Master Plan for the College, and the City is not actively negotiating for that easement. It was his feeling this negotiation would involve two things: 1) defining the ~e~l~li~k;~2) getting an easement from the college. Councilman Diridon commented this bears on a concern the Planning Commission expressed at the last Planning Commission Meeting, this being that they would like to develop some rapport with the Board at West Valley and re-open the channels of communication. The City Manager advised that he did approach the President at West Valley in this regard; however, to this date he has received no reply. Councilman Bridges pointed out that when the City originally began to work on this trail system, West Valley was in favor of a trail system in this location. Therefore, he felt the City Manager should continue his efforts in communicating with the College concerning this proposed trail. Mr. Patrick McCue, 19411 San Marcos Road, commented that it appears to him the trail would dead-end at the football field. He stated that on the south side of the service road there is a four-foot strip with the irrigation system and Ishrubs, and on the other side are the'tennis courts; therefore, he didnit see where the trail would fit in. He further commented that it is his understanding none o£ the people adjacent to the ~ollege property line along the service road were ~pproached with this petition. Mayor Smith felt it was important that the City not foreclose its options and that the City Manager communicate with the college to see what can be negotiated. A resident of 19521 Douglas L~nere~uest~d going on record as being opposed - to a pathway on the north side of Douglas Lane, and suggested consideration be given to developing the pathwa~ on the south side of Douglas where new development is proposed. Mayor Smith suggested, and the Council concurred, that the City Manager again make an effort to work with the college with regard to the formation of this proposed trail. D. RESOLUTION NO. 5-1 Resolution Establishing Duties and Compensation for City Attorney The City Manager explained this resolution outlines the basic services and retainer for the City AttOrney. He indicated it provides for regular attendance by the City Attorney toltw~9.~rmonthly Planning~C~mmission meetings and increases the number of hours spent on City business ~35~hoRrs per month. The retainer has been increased to $1,500 per month. The resolution also designates an Assistant City Attorney in the City Attorney's absence. It was moved by Councilman Kraus and seconded by Councilman Brigham Resolution No. 5-1 be adopted. The motion was carried. E. RESOLUTION NO. MV-77 Resolution Establishing Crosswalks at Intersection of Pollard between quito Road and San Tomas Creek Bridge It was moved by Councilman Brigham and seconded by Councilman ICraus that Resolution MV-77 be adopted. The motion was carried. F. RESOLUTION NO. 705 Resolution Describing Process to be .Used in Santa Clara County to Implement the Federal Aid Urb~_~Fo~Fam The City Manager explained this resolution outlines a formula whereby the individual cities might obtain a portion of the ~.~TU. allocated funds for street improvements through the County as "washed" dollars to be used as gas tax funds. He explained the cost for these "washed" funds ~y'the County would be 30%; however, the advantage to the City would be that we would be able to determine where these funds are going. It was moved by Councilman Brigham and seconded by Councilman Kraus Resolution No. 705 be adopted. .The~motion was carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-1118 ROBERT JOHNSON, ORIOLE ROAD It was moved by Councilman Diridon and seconded by Councilman Kraus that Resolution SDR-1118-1 bgrantlin~eFinal'hBui[din~ S~tecAppro~al, be adopted. The motion was carrie~. '-' - - ' B. SDR-1074 PAUL E. BROWN, MENDELSON LANE It was moved by Councilman Diridon and seconded by Councilman Kraus that Resolution SDR-1074-1, granting Final Building Site Approval, be adopted. The motion was carried. C. SDR-935 JOHN L. RICHARDSON, QUITOLROAD It was moved by Councilman Diridon and seconded by Councilman Kraus that Resolution SDR-935-1, granting Final Building Site Approval, be adopted. The motion was carried. D. SDR-1084 GUTHRIE SWARTZ, PIKE ROAD It was moved by Councilman Diridon and seconded by Councilman Kraus that the Mayor'be authorized to execute the Deferred Improvement Agreement in connection with construction imp~ove~ntssd~der building site approval. E. SDR-958 JERRY C. HENRY, PALOMINO WAY Upon the recommendation of the Director of Public Works, it was moved by Councilman Diridon and seconded by Councilman Kraus that the '~mprovemed'6 bond be released. The motion was carried. V. PUBLIC HEARINGS A. RESOLUTION NO. 703 (Informal Hearing) - SANITARY SEWERAGE PROJECT NO. 1974-2 A Resolution Approving Form of Resolution of Intention and Boundary Map and Granting Consent of the City tSuncil of the City of Saratoga to County Sanitation District No. 4 of Santa Clara County to Undertake Proceedings to Construct a Sanitary Sewerage Pro~ect and to Provide that the Cost Shall B~ Assessed on the District Benefited under Appropriate Special Assessment and Assessment Bond Proceedings Mayor Smith indicated that in keeping with the policy of the City Council and Sanitation District No. 4, this resolution is before the Council and the public for consideration, and any action taken this evening would be communicated back to the County Sanitation District for final action. He then asked Mr. Stephen Goodman representing the District if he would like to comment.%~ -5- Mr. Goodman addressed the Council, indicating that this project involve~ only one lot on Madrone Hill Road, owned by Anthony Damore. iHe further indicated the ~r~o~[~y6~ne~has requested being included in the assessment project, and the 'a~proximate cost to him would be $6,000. Mr. Goodman stated the road would probably be blocked off fo~ three days, and they would restrict construction times from 8:15 a.m. to 4:15 p.m. He indicated the contractor would have backfill equipment so that a temporary roadway could be.installed, if necessary. Mayor Smith asked if notices would be sent to surrounding owners prior to this construction. Mr. Goodman replied that this would be done. Councilman Diridon asked Mr. Goodman if the settlement time would be done in the area paved prior to the rainy season. Mr. Goodman replied that in all probability the paving would be completed prior to the rainy season. The Mayor then opened the public hearing (9:20 p.m.) There being no additionalccomments, it was moved by Councilman Diridon and seconded by Councilman Bridges the public hearing be closed. It was then moved by Councilman Bridges and seconded by Councilman Kraus Resolution No. 703 be adopted. The!motion was carried~ B. A-429 CHURCH OF THE ASCENSION, PROSPECT AVENUE Appeal of Planning Commissio~ Decision Regarding Final Design Review The City Manager indicated this is a request by Mr. Frank Perdichizzi, President Prides Crossing Romeowners Association, to appeal the Planning Commission decision in granting final design review to Church of Ascension on Proapect Avenue. He explained that according to the Section 13.6 of the Zoning Ordinance, the Council cannot cop~ider any evidence that was not presented to the Commission unless the Council I~ect~tt6 set a hearing de novo. _ He indicated the.'C~tyCCoUncil has the option to take one of three actions in this matter as it stands this evening: 1) Affirm the Planning Commission decision; 2) reverse the decision; or 3) modify the decision. The City Manager ~oihted out that in the ~7~6in~i~Utl~ned'on ~he petit{o~, items 6 and 7 are not particularly re[eva~frto':~esig~ revi~W~i-but' is pe~'ti~d{ to thekuse permit, which was discussed approximately a y~ar ago. Councilman Diridon asked if items 1, 2, 3 and 5 could be heard this evening without setting a hearing de novo. City Attorney Faber Johnston advised that it has been the policy nbt to hold hearing de novo unless one of the sides specifically requests it and'gives" specific reasons, and then it takes a ~)~ft~ +~i,h~th~B6U~il 't8 ~0~ one. Additionally, he stated the Ordinance provides ~'~he~fi~ d~ov6 a time and place fixed by th~ Council,.and this could take place during the ~am~ ev~p~g;. ~owever, if one. partX ~ndicates he is not prepared for the hearing, /i~ mustbe'scheduled 'for So~etfutureLdat&% After giving this matter some consideration, it was moved by Councilman Diridon and seconded by Councilman Bridges that a hearing ae novo on this matter be set. The motion was carried. Mayor Smith moved this hearing be novo be scheduled for the next regular meeting in two weeks. Councilman Diridon seconded the motion, and it was carried. i~I~ ADMINISTRATIVE MATTERS A. MAYOR 1. Announced Executive Session following this meeting to discuss matters of Personnel. B. '~'FINANCE 1. Payment of Claims It was moved by Councilman Kraus and seconded by Councilman Bridges the two lists of disbursements (19535 thru 19599, and 19601 thru 19603) be approved and the Mayor be authorized to sign the warrants. The motion was carried. C. COUNCIL AND COMMISSION REPORTS 1. Parks and Recreation Commission - Recommendation Re: Brookglen Park - Noted and filed. 2. Youth Commission - Recommendation Re: Renaming of Saratoga Youth Center The,City Manager pointed out a memorandum to the City Council from the Saratoga Youth Commission and Youth Center Director indicating their desire to change the name of the Saratoga Youth Center to Saratoga Community Center. In addition, there is a m~orandum which follows from the Director of!Community Services strongly recommending this change. Councilman Diridon commented that there was once a very active committee in charge of the Youth %Center and felt it would seem appropriate to inform those respective members that a name change is being.considered. The Council concurred and agreed to consider this matter again at the first regular meeting in AugUst. The City Manager indicated he would follow up in notifying the appropriate people regarding this proposed name change. 3. Councilman Diridon - UDI~S Report The report is now being published and will soon be ready to submit to the various cities. 4. Councilman Brigham - P.P.C. and A.L.U.C. Meeting At the June 27th meeting the Hillside Subcommittee Ptans'and'~o~i~of Monte Bello/~idg~Study was passed, and this is b~i~g~{b~a~d~ to ~he'various jurisdicfions affected, for adoption and i~lementation. D. DEPARTMENT HEADS AND OFFICERS 1. Director of Public Works - Report Re: Creek Right-of-Way The Director of Public Works summarized the history of this matter involving Gordon Jensen and Santa Clara Valley Water District, and indicated he doesT- not feel the City should work as an intermediary in this situation. He indicated he has discussed this with the City ~rney and was advised that the City could take. an Offer of Dedication,.~nd at some future time, if desired, the City could acce~t~ the Offer and transfer the easement to the Water District. It was Mr. Shook~s recommendation that the City continue with its past policy of requiring creek front development to make the appropriate right- -7- of-way dedications to the Santa Clara Valley Water District. In addition, he recommended that the $2,000 investment certificate be released since the Jensons have completed the on-site i~provements on their property. Following some discussion of this matter between Mrs. Jenson and the Council, it was moved by Councilman Diridon and seconded by Councilman Kraus the City staff be authorized to release the investment certificate for these improvements. The motion was carried. 2. Director of Public Works - Report Re: Leaking Storm Drain (John Nora) Mr. Shook, Director of Public Works, indicated he has reviewed this situation with the City~s soils consultant-with regard to the trees on the creek bank, and he has advised there appears to be no further erosion problem with the existing conditions. It'was, therefore, his recommendation that the City not attempt to restore this creek bank to its previous condition. He further indicated he would transmit a copy of his staff report, dated July 2, 1974, documenting ~he findings of the soils consultant, to Mr. Nora. It was moved by Councilman Kraus and seconded by Councilman Brigham, the Staff Report, dated July 2~d~974, be approved. The motion was carried. E. CITY MANAGER 1. City Participation in 1975 Census f~r Santa Clara County It was moved by Councilman Kraus and seconded by Councilman Diridon the City indicate its interest to participate in the 1975 Census. The motion was carried. 2. Three-Year Agreement with Pete, MarwicR and Mitchell for Annual Audit Report It was moved by Councilman Bridges and seconded by Councilman Kraus the new three-year agreement with Pete, Marwick and Mitchell (1974-75-76) be approved and the Mayor be authorized to execute same. The motion was carried. 3. Recommendation to Solicit Engineering Proposals Re: Traffic Circulation Patterns and Designation of Plan Lines in Hill Area in Northwest Saratoga It was moved by Councilman Bridges and seconded by Councilman Iraus the City Manager be authorized to solicitpt~f~s~roposals from other cities in relation/l to this area and report back to the Council his specific recommendations (thirty days). The motion was carried. 4. Block Part~ on Arroyo de Arguello The City Manager indicated the Fire Department and Sheriff's Office has reviewed this application and found it to be in order. It was moved by Councilman Diridon and seconded by Councilman Bridges .Arroy_o_.d_e_Arg.u~!_l_o___b~etweep Wa~de~l Road and Comer Drive be~b~6~ed~gfrb~o6ki~gtofflon~Jul~;4?r1974, between~5:30 p.m. :~"~60~p'd~ c~heimSt~On ~s c~rried. 5. Block Party on Anza Court The City Manager reported the Central. Fire District and County Sheriff's Department have 'approved the blocking off of Anza Court for the July 4, 1974 block party. It was, therefore, moved by Councilman Iraus and seconded by Councilman Brigham ap~r0vat~fo"bloc[!o~.LArrz'a Court on July 4, 1974, from 1:00 p.m. to 10:00. The motion was carried. VII. COMMUNICATIONS A. WRITTEN 1. Walter E. Muir,gPresident, Dividend Industries, Inc., Re: Deletion of Condition "X",~i~fn~t~.r~[q.~nt for a trail easement, on Tentative Map, Tract 5575. - Field trip scheduled by Parks'and Recreation' Commission on Saturday, July 6th, to view this property. Status report due back in 30 days from Trails and Pathways Committee. 2. Louis Leto, Vice President, George Day Construction Co., requesting Council consider deleting Condition "6" on the tentative map, Re: Unimproved path on Douglas Lane (SD-904). - In ~eeping with Mr. Filice, Attorney representing George Day Construction Co., this matter was continued to the next regular meetingon July 17, 1974. 3. O. L. Johns, 14531 Horseshoe Drive, Saratoga, requesting the City remove the requirement for a trail easement on the Pace property and hold an open public hearing on proposal of development if other than single-family~ dwellings. - Noted and filed. 4. A. L. Hanson, 13761 Dolphin Drive, requesting their property to the west of Holphin Drive be included in the area of higher planned density. - Referred to staff for review. 5. Frank R. Grengo, 14551 Horseshoe Drive, expressing opposition to proposed trail easement along the creek bordering his property. - Noted and filed. 6. John W. Boswell, M.D., and Lou Ann Boswell, 14434 Oak Place, in opposition' to a,~public trail along Wildcat Creek. - Noted and filed. VIII. ADJOURNMENT It was moved by Councilman Bridges and seconded by Councilman Diridon the meeting be adjourned to an Executive Sessioncand to an Adjourned Regular Meeting on Tuesday, June 9, 1974. The motion was carried. The meeting was adjourned at 11:15 p.m. espect submitted, Robert F. Beyer