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HomeMy WebLinkAbout11-20-1974 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 20, 1974 - 7:30 P.~. PLACE: Saratoga~Ci.ty Council Chambers, 13777 Fruitvale Ave., Saratoga, Cal'ifornia TYPE: Regular Meeting I. ORGANIZATION A. ROLL 'CALL Present: Councilmen Bridges, Brigham, Diridon, Kraus andSmith Absent: None B. MINUTES It was moved by Councilman Bridges and seconded by Councilman Brigham the minutes of November 6, 1974, be app~oved. The motion was carried. Mayor Smith w61comed_Boy SCout T~oup No. 549 and their assistant director, indicating the CounCil would answer any Questions they~might want to raise- this evening during the meetiDg. II. BIDS AND CONTRACTS A. AGREEMENT WITH ~OETHING TREELAND NURSERY CORPORATION Mayor Smith indicated this agreement would allow a water line tb go across City. property ~nt6 a'Dortion of property which belongs to the State of 'California. However, he indicated there is no permission to allow ingress and egress onto the property. The City Manager brought to the Council's attention a petition received aT the previous City Council Meeting relevant to this issue, expressing opposition to granting an easement through the proposed Azule Park property which would allow the construction of roadways or the use of any motor vehicle in the park site. He explained the proposed license agreement allows for the provision of a water line to go across the undeveloped portion of Azule Park to a point in the freeway right-of-way,.and also, for a lO-foot strip of land across the right-of-way which connects Kevin-Moran Park with the future Azule Park, providing for pedestrian access. Following some additional discussion of this matter, it was moved by Councilman Kraus and seconded by Councilman Brigham the Agreement with Boething Treeland Nursery Corporation 3e approved, subject to the landscaping a~d~.c fencing meeting City staff's approval, and the Mayor 3e authorized to execute the contract The motion was carried. B. AGREENENT BETWEEN COUNTY OF SANTA CLARA AND CITIES OF SARATOGA, MONTE SERENO AND TOWN OF LOS GATOS FOR THE WEST VALLEY YOUTH SERVICE BUREAU The City Manager advised the City Attorney in Los Gatos has reviewed this agreement and has found no problems; however, the County has indicated a ~question with regard to the "~old harmless" clause~in the agreement.. There- fore, he indicated his recommendation would be the Councilapprove the' agreement, subject to review of this clause. ~t was moved by Councilman Diridon and seconded byCouncilman Kraus the c~au~ha~i~e~ III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 714 A Resolution of the City Council of the City of Saratoqa Commending Bert Rawak It was moved by Councilman BridgeS and secondedby Councilman Kraus Resolution 714 be adopted. The motion was carried. B.PETITION EXPRESSING OPPOSITION TO CITY'S GRANTING OF ANEASEMENT ACROSS AZULE PARK FOR TEMPORARY ROADWAY This petition was considered under II-A, BIDS AND CONTRACTS; therefore, the Council felt further consideration was unnecessary at this time. C. ORDINANCE NO. 38.60 (Second Reading) An Ordfnance of the City of Saratoga Modifying the ProCeddre PrescriBing Time and Method of Payment and Ratification of Payroll and Reimbursement of Fund It was moved by Councilman Kraus and seconded by Councilman 'Brigham Ordinance 38.60 be adopted. The motion was carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. V-403 SAM R. RONDAS, ABERDEEN COURT It was moved by Cou~dilman Bridgbs and seconded. by C6uncilman Brigham the cash bond in the amount of $100.OOto.insure necessary standards for the tempOrary:conversion of~a garage, be released.. The motion was carried. B. EDWIN WILLIAMS ~! It was moved by Council'man Kraus ahd seconded by Councilman Bridges the bond posted in the amount of $1000.00 for completion of a retaining wall at 18858'Ten Acres Road, be released. The motion was carried. C. SD-1055 (TRACT 5462) NEAR DAGMARAVE. The City Manager indicated this is ~a request for it is recommended~ approval be granted, subject to the following ~onditions: l} Present Flood Control Encroachment Permit; 2}Easements from Aspesi Homeowner G~'o~;3} Resolution of Landscape Maintenance Document; and 4} Final Design R~'iew Approval to be obtained from the Planning Commission~ It was moved by Councilman Brigham and seconded by Councilman Kraus ResOlution No. SD-1055-1, granting Conditional. Final ~ap ApproVal, be adopted~ and the Mayor be authorized to execute the Contract for Improvement~6f"t~is'subdiVi~ion. The motion was carried. V. PUBLIC HEARINGS Nb~ 1 (~ORTH~S[BE=OF'FR~TVAEE~.~ %X~A~O~' The C~y RanDget explained ~his ~em ~as discussed by ~he Council a ~umber of ~eeks ago, and 8~ ~ha~ ~ime, ~h~ Council indicated i~s desire public hearing in order ~o obtain inpu~ from ~he affected prope~ o~ners ~n ~h~s proposed -2- UNDERGROUND UTILITY PROJECT,- UNDERGROUND UTILITY DIST. NO. 1 (Cont'd.) Mr. Shook, Director of Public Works, pointed out on the overhead<p~ie~'~6~'~he four properties which have not been completed in lUndehground Util~'t~ct No. 1. He explained that the City established this underground utility district in 1968, and it was anticipated all the undergrounding.should have been completed by 1969; however, for a number of reasons this wa~ not accomplished, and in 1971 the City Attorney. reviewed the City's position in this matter and determined there was an~r'~ in the ohigin'al documentation, and it was impossible for the City to enforce off-site work. The City requested PG&E to give them updated costs oh this conversion project, which was quoted in the amount of $759.93. He indicated this ~eflected~a significant increase for the on-site trenching than that quoted in '1971, and the City now has two courses of action on this matter: l) Complete the District as originally set up, requiring those 4 properties in the district to convert from overhead to underground service; 2) Modify the District boundaries to exclude the 4: properties in question from the District. Mr. Shook then outlined the 4 properties in question, as follows: 13616 Fruitvale Ave. 14420 Fruitvale Ave. .-14450 Fruitvale Ave. 14470 Fruitvale Ave. Mr. Shook added that in 1968, there were some indicated costs by PG&E for this work, and Ctw~'property owners 'deposited these funds with the City. In view of the City Attorney's opinion in 1971, the property owners should not be re- sponsible for the off-site work, and it is, therefore, recommended the City return these funds. The City Manager pointed out a letter from Mr. Kerwin, 13616 Fruitvale Avenue, indicating he was in favor of the project and had paid $473.00 into it; however, he doesn't feel he should be required to do anything at this ~oint in time as he ~t'w6~ld'be ~ wasteful' 8n'~'U'~'n~a~s~r~ ex~ensa' at-~hi,s-time'> The Mayor then opened the public hearing at 8:10 P.M. Bert Martel, 14420 Fruitvale Ave., a~dreSsed the .Council, indicating he purchased this property in 1970 and was unaware"at that time all that occurred regarding this proposed project. Mr. Martelindicated he-is not against telephone pol~s; however, there are several poles' on the western sid'e of Fruitvale Avenue that are not affected here. He indicated there are two poles near his property, and one pole is needed to carry electricity; therefore~ he did not feel PG&E would remove these; therefore,' it was his, understanding PG&E'would be talking about three wires from the east sfde ~o the west side of Fruitvale Avenue. Mr. Martel inquired if the City would be willing to compensate the homeowners, considering the increases in costs since 1968, for the necessary on-site trenching required for this conversion project. Mayor Smith indicated this would be one of the considerations the Council would give if the project were to go ahead. Mr. Bill Stevens representing PG&E, advised that normally, the procedure in a situation like this. ~ould be to compensate the costs to allow for restoration; therefore, the cost for this project would include restoration. The City Manager explained there are two sets of costs which apply here: l} costs for the work in the street; and 2) costs for making.the conversion of the house itself for the underground connections. Councilman Bridges asked what poles would effectivly be eliminated as there are two poles on the east side which are guy poles. Mr. Stevens replied that in both of these cases, the property on the west side' of the road is undeveloped, and since the City has control on how the curb lines should be, and if the City determines the curb liAes should be angled, then the poles would be removed. -3- UNDERGROUND UTILITY PROJECT - UNDERGROUND UTILITY DIST. NO. 1 Cont'd.) Mr. Kerwin, 13616 Fru'itvale Ave., indicated at the present time this property is zoned "Agricultural";' however, it was his feeling this property should be considered as subdivision property. Therefore, he felt this conversion pro- ject would be a waste of money. He asked that the ICouncil hold any action regarding this project in abeyance at this timeZto see what happens to this undeveloped property. Mr. Martel then submitted a letter to the Councilsuggesting any further con- sideration of this project be closed. It was then moved by Councilman Brigham and seconded by Councilman Bridges the public hearing be closed. The public hearing was closed at 8:20 P.M. After some further discussion by the Council, it was moved by Councilman Kraus and seconded by Councilman Brigham Underground Utility District No. 1 be re- vised to eliminate the 4 subject properties, and the funds collected'from the two property owners for this project be refunded. The motion was carried. VI. ADMINISTRATIVE MATTERS A. MAYOR' 1. Appointments to Senior Citizens Housing Task Force The Mayor advised the Council has decided to appoint a committee con- sisting of 7 members. It is recommended the following 6 members be appointed this evening, and the 7th member would be appointed at the next regular meeting of the Council: Mildred Gordon, Dorothy Parker, Ron Duffin, Bud Beaudoin, Bob Dwyer, and Peggy Corr. It was moved by Councilman Bridges and seconded by Councilman Brigham the 6 members to the Senior Citizens Housing Task Force be approved as recommended. The motion was carried. 2. Mayor's Resignation from City Council Mayor Smith indicated this would be his_last City Council Meeting, d~ (tc6"h~i~~l~'~t~'~6'r~t't~' l~'~atorial District in t~e S't~tTS~nate~d~i'~r~si'~'ti'6n iT~ffect~e~November 30, 1974. B. FINANCE 1. Payment of Claims It was moved by Councilman Kraus and seconded by Councilman Bridges the list'of disbursements, 20312 thru 20415, be approved and the Mayor be authorized to sign the warrants. The motion was carried. 2. City Clerk's Financial Report - Noted and filed. 3. City Treasurer~s report - Noted and filed. C. COUNCIL AND COMMISSION REPORTS - 1. Councilman Brigham - It is being recommended that the P.P.C. establish a Social Concerns Committee which would act as a forum for community issues as they relate to local government. 2. Councilman Diridon - Indicated the Council has received several calls from people wanting to know the names of City Council appli- cants. It was moved by Councilman Diridon and seconded by Councilman KraUs the list of applicants be made available. Motion carried. -4- D. DEPARTMENT HEADS AND OFFICERS 1. Director of Community Services - Recommendation Re: Fruitvale Ave. Median Strip Landscaping Design Plan. This proposed landscaping would extend from Saratoga Avenue to the inter- section at Allendale Avenue, and an attempt has been made to improve the appearance without generating high'maintenance costs. Also included in this project would be(L~'~l'~To~f a ~prinkler system. Anticipated cost of the project ~ou~d"~'~T~OTO~'' , It was moved by Couhcilman Bridges and seconded:by Councilman Kraus the proposed plap as submitted,'as~we]l,'as the expenditure of funds, be approved, The motion was carried. 2. Planning Director - Report Re: Widening and Curbing on Marion Ave. (SDR-1095) (Cont'd. 11/6/74) Mr. Van Duyn,' Director of Planning,.indicated there was a petition received and considered by the City Council at its last regular meeting, as well as a letter from Mr. Peter Matulich, 20640 Marion Ave., regarding some of the conditions imposed on Mr. Matulich's subdivision approval. He indicated there are essentiall9 18 home sites uti'lizing Marion ~venue as an access road onto Saratoga-Sunnyvale Road, and as outlined in the staff report, dated November 12, 1974, it is the Planning Commission's policy in cases where there are more than 4 lots taking access from a minimum access street, to. require an.18-foot wide minimum access street from the point of its intersection with a public street to the frontage of theproperty owner's lot. It is the staff's recommendation this condition be complied with. Also indicated in the staff report is the requirement ~o i~prove a minimum access street~lty stand~d~']'~order.to be-~ed for public use. He indicated the staff is recommending a Deferred Improvement Agree- ment be entered into by the residents on Marion Way to provide that this street be brought up to public'street standards. Mr. Van Duyn commented that this road could withstand an additional 4 feet of paving without the removal of any trees. The City Manager indicated it is also recommended the Council direct the staff to come back with an amended Building Site Approval Agreement, as well as a Deferred Improvement Agreement for the 25 foot half-street jmpro~ements.~-__He pointed_out this_would~involve~an extended distance of ~p~-'{.ng~ i~ro~ement~' ~6~-Hj.qh~_~5-=.~6 _[he.'w~rn~boundar2_of property. ,Mr'. Matulich, 20640 Marion Ave., addressed the Council, indicating that this is a-pri~ate street, and the resident~ do not want to widen it. 'r6ad 6n'1½ ~o ~ feet ~'n sO~e' areas~6~T_~T.~up~_~ .'minimG~"ac~s~ .... standards for publ i c safety purpose(. '~ ~~d'i~ 6~ '2, f'eaui ri nq 25-foot half-street improvements, the Subdivision Ordinance requires aevelo~- ment of minimum public street right-of-way for any access serving in excess of 4 lots, and Marion Road con~approximately 13 lots which utilize its 14~ foot private right-of-~ay. Comments were heard by several'residents, including'Mrs. Rehn, 20625 Marion Ave.; Mr. Allen, 20530 Marion Ave.; and Mrs. Campbell, 20731 Marion Ave., all in opposition to the proposed widening improvements to Marion Ave. It was moved by Councilman Bridges and seconded by Councilman Brigham the staff report, dated November 14, 1974, be apgroved,' and the staff be authorized to work out a revised~iTap~r6~~e~b~'~]~ . ....... access improvments, as well as a Deferred Improvement Agreement for the public right-of-way improvements. The motion was carried.unanimously. - 5- 3. Director of Public Works - Report Re: Petition by Residents of Saratoga Gardens Area of Saratoga Urging the City-t6 Install Traffic Devices to Discourage Easy Access and Passage Through Streets in This Area. The Director of Public Works presented the staff's report, outlining the various recommended alternatives with regard to the petition from residents in this area presented at the October 16th City COuncil Meeting. ~ubmitted~6~ ~6~e't~!~i~ners 'an~anal~ed the s ita~oa'~i~Ou~ a ~reat a~oun~ ~of~field~work~ Asia {~e~utt-~gf ~his-reView, the fOllowi'ng alternatives were -~9_v~l oped' which -~eak~ta~-t~se_~L_.p~l'e~:'." '~ on ~~d~i~to this area to d~ter through traffic, and install interior turn prohibitions at the intersection of Ronnie Way and Dagmar Drive to deter circular course "racing"; 2) install two barricades across 4-way intersections to deter through traffic; 3) closing the intersection of Ron~ie Way and Portos Drive; and 4) suggestion of the petitioners that a series of 4-way stops be placed at various locations and rOmble strips installed to act as a deterrent (see staff memorandum, dated November 15, 1974). Mr. Shook indicated it would be his recommendation the Public Works engineering staff meet with some of the residents in this area to discuss some of these alternatives and see what solutions might be worked out. Margaret Reed, a resident of Ronnie Way, indicated'she would, be-interested in getting this street closed to the thnough traffic on Allendale, and also, that she would like to attend the meeting to try to get this problem resolved. The question was a~ked if the engineers were changing the thought process toward barriers rather than the suggested rumble bumps and stop signs. It was also asked if the City was forgetting the traffic study. Mr. Shook replied the proposed traffic study would be rather large because of the numerous entrances through the area, particularly from Allendale Ave., and he is not sqggesting the study be dropped. Rather, he is hoping to accomplish the same result without a tremendous: study. He indicated this meeting date will be established and key residents notified, and the information from this meeting would be related to the City Council at a future meeting. 4. Director of Public Works - Report Re: Petition by Residents of Montpere Way Concerning Hazardess Conditions (Cont'd. 11/6/74) Mr. Shook indicated a meeting was held with several homeowners on Montpere Way on November 15, 1974, at which time several alternative solutions to the traffic problems mentioned on the petition were considered. The residents favored a circulation plan, as indicated in Resolution MV-87. It was moved by Councilman Diridon and seconded by Councilman Brigham ResolU~tion MV-87 be adopted, and the expenditure of $250.00 to implement this resolution, be authorized. The motion was carried. 5. Building Official - Request by Planning Commissionto Demolish House at 14631 Big Basin Way. The City Manager reDorted that t'here is no provi~sjon under the Dangerous Bui 1 d i ng (C~;~6dl d.T~oW ~he_ City .' to~Ol/i~~e ' ' ~ wh i ch cahn~ b~ ~ared a ~"b~ i 1BiWF a ~*'~i 6i~n' Dangerous Building Code. He indicated, however, the existing ordinance could be modified to provide that if a structure such as this could not be rennovated within 6 to 12 months, that it be,rehabilitated or removed. The City Manager indicated there would be a report on 'this matter back to the Council within 30 days. -6- E. CITY MANAGER 1. Recommendation Rei, New Plan Checker Position = Building Department The City Manager indicated the concept of this position was discussed during budget sessions. He exp)ained this new position is being recommended ~ecause of the complicated nature of new structures and the need for more thorough plan checking on these structures.. Councilman Kraus in~cate~'he would like to discuss this new: position in more detail at a Committee of the-.Whole MeetinO. The City Manager advised this item would be included on the agenda for the Committee of the Whole Meetihg on November 26th. 2. Potential Gift o~ Propert~ to City on "On Orbit" Way The City Manager explained this offer had been retracted, due t~"the'fact the 60 day period in which the City could accept or reject the offer has elapsed, and the owner has found another use for the property. 3. Recommendation Re: Special public hearing to be set for Thursday, December 12, to,consider: Community Development Act of 1974 and Potential Application. The City Manager indicated he is recommending an informational hearing be set for consideration of this matter. It was moved by Councilman Kra~s and' seconded by Councilman Brigham the date of December 12, 1974, be approved for this'public hearing..The motion was carried. VII. COMMUNICATIONS A. WRITTEN " 1.William Paul Walter, 6089 Wellfleet Way, San Jose, Re: Requirement to- install fire hydrant (SDR-1053)..- Referred to staff for a report back to the Council at next regular meeting. 2. Copy of letter to Planning Commission from John Weir, President, Greater Arguello Homeowners Association, Re: Zoning of the Fremont High School Property. - Noted and filed. 3. L. T. Kerwin, 13616 Fruitvale Ave., Re: Underground Utility Conversion Project. - Noted and filed. 4. Bert Mart~l, 14420 Fruitvale Ave., expressing opposition to proposed Underground Utility Conversion Project. - Noted and filed. 5.Wallace W. Hall,.415 Golden Gate Ave., Belvedere, California, submitting his resignation as Chairman of the Library Commission. -,Noted and filed; City Manager to respond. B. ORAL None. VIII. ADJOURNMENT It was moved by Councilman Bridges and seconded by Councilman Kr~us the meeting be adjourned. The motion was carried; the meeting was adjourned at 9:55 P.M. espectfu mitted, · : Robert F. · 1