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HomeMy WebLinkAbout02-05-1975 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 5, 1975 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Brigham, Corr, Kraus, Matteoni!and Bridges Absent: None B. MINUTES It was moved by Councilman Brigham and seconded~'by Councilwoman Corr the minutes of January 15, 1975, be approved and the reading be waived. 'The motion was carried. C. SPECIAL PRESENTATION (DR. WALLACE HALL) Mayor Bridges presented Resolution 721 (Commending Dr. Wallace Hall for His Service a~ Chairman of the Library Commission) to Dr. Hall. Dr. Hall accepted the resolution, expressing gratitude for the thoughts contained wtt~in. May..~ Bridges then requested the Council's permission in moving to Item III-D on t~I agenda. This was acceptable to the Council. III. ]~:ITIONS, ORDINANCES AND FORMAL RESOLUTIONS D. RESOLUTION NO. 68-1 A Resolution Amending Resolution No. 68, Expanding the Membership of the City Library Commission and Defining the Terms of Office It was moved by Councilman Kraus and seconded by Councilman Brigham Resolution No. 68-1, expanding the membership of the Library Commission from five (5) to seven (7) members, and clarifying the terms of office, be adopted. The motion was carried. The Mayor then made~the following appointments to the Library Commission: Mary J. Moss 20777 Pamela Way Ann Miller 20745 Ashley Way James _I__~'aak 18596 Martha Ave. He indicated the~te~ms =fo~tthese three appointments would be for a period of two years, and subsequent appointments to the Commission would be for a period of four years. It was moved by Councilman Kraus and seconded by Councilman Brigham the three new appointments to the Library Commission be approved. The motion was carried. II. BIDS AND CONTRACTS A. BROOKGLEN PARK',- Notice of Completion Upon the recommendation of the Director of Community Services, it was moved by Councilman Matteoni and seconded by Councilman Kraus final~acce~tance on this project be granted, and the staff be aOthorized to file the Notice of Completion and release the performance bond. The motion was carried. B.PRESENTATION BY DE LEUW, CATHER RE: NORTHWEST SARATOGA TRAFFIC CIRCULATION MASTER PLAN STUDY Mr. Chuck De Leuw presented on the' ~.iewg~aph a schematic table of the study area, which primarily involves the area bounded'by Route'-85, Pi:erce Road, 'and Prospec~ Road. He indicated traffic counts and turning movement counts were taken at these various locations, and reported Pierce Road's volume of 2,900, and Prospect NORthwesT SARATOGA-~RAEFIC ~IRCULA~ION ,. MASTER~p~A~'StUDy =T~'' ~..__~_~_._-~ Road Wi~ a volume of 1,200 (weekdays). He further reported turning move- ment counts were taken during A.M. and P.M. hours, and he pointed out these volumes at'Various locations on the overhead exhibit. Mr. De Leuw reported <.by'u~l'izi~g 'lin~ormat'ion ~rom th;'~a Cl~ra County" Transit Study ,~he~-pldtted_the'~rips o~'O'f E~ zone, ~ffd a'Tso,*TdHe-to-zone trips. He reported the generation of trips was re6Orded as follows: 40% of the trips are ~oing northward, west of Lawrence Expressway and Saratoga Ave.; 42% are eastward'toward San Jose; and 18% a~e~southward He then presented on the viewgraph potential dwelling units and approximate locations within the study area. He then showed an exhibit of grouped dwelling units multiplied by the number of=t~ips generated from those dwellings, which averaged out to 12 trips per household. He then provided ab~eakdown of the traffic distribution in the study areaaa~d various.circulation .patterns which could be utilized. These'alternative"pl&ns ~re as~6~lows: 1) Continue southward from Prospect and connect to Comer Drive. 2) Connecting Wardell with the southerly portion of Stelling and to the southern portion of Prospect. 3) Connecti:ng-Co~r d w Fd;l L, :;it :~ sout~rl~ex~ension to stell ing. 4) North~soQth extension of Stelling from Prospect to Mt. Eden Road, with an east-west connection between Comer and Prospect. 5) Southerly extension of Stelling, terminating at Pierce opposite Surrey, with no connections to Comer or Wardell. 6) Surry extension with a stop connector extending further down to Mr, Eden Road. Mr. De Leuw then explained the rating procedure, indicating that the com- parative factors were grouped into three categories -- traffic, cost, and other considerations. He indicated the top two ratings were: Comer Drive extension and Surry extension. He then indicated the last task in the study was to look at the 15 roads and evaluate the improvements, and he reported that Prospect and Pierce Roads were the most significant areas of need Mayor Bridges then moved and seconded by Councilwoman Corr that this discussion be continued to a Joint Study Session with the Planning Commission. The motion was carried. The City Manager explained'this study session wouldSe a public meeting open to anyone who is interested in this study. He also indicated the Public Works Department would have copies of the report for those interested in reviewing it beforehand. He further indicated the time of this meeting would be announced in the local newspaper. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS (Cont'd.) A. PETITION BY RESIDENTS ON MYREN COURT, PORTOS DRIVE, MYREN DRIVE, WESTOVER DRIVE AND BUCKINGHAM COURT TO REMOVE THE "NO PARKING" RESTRICTION ON THESE STREETS B.PETITION BY RESIDENTS ON PORTOS DRIVE WEST OF WILDCAT CREEK FOR REMOVAL OF VEHICLE PARKING RESTRICTIONS IN THIS LOCATION Mayor Bridges suggested Since these two petitions relate to the public hearing later on the agenda, '~t.ion~6~d~fer~ed until that time. This was acceptable to the Council. C. ORDINANCE NO. 38.62 (Second Reading) An Ordinance of the City of Saratoga Amendin9 Certain Sections of Article 3 of the Saratoga City Code, and Amendin9 Volumes I and IV of the 1970 Uniform Buildin9 Code Therein Adopted b~ Reference, Relatin9 to Plan-Checkin9 Fees (Volume I) and Dangerous Buildings (Volume IV) It was moved by Councilman Kraus and seconded by Councilman Brigham Ordinance No. 38.62 be adopted. The motion was carried. -2- IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. TRACT 5631 C & I DEVELOPMENT, RADOYKA DRIVE It was moved by Councilman Brigham and seconded by Councilman Kraus Resolution No. SD-1147-1, granting Final Map. Approval, be adopted. The motion was carried. B. SDR-1058 CHAIKO KIM, SUNSET DRIVE It was moved by Councilman Kraus and seconded by Councilwoman Corr Mr. Kim's request for a ~-month extension of h~sicurrent Building Site Approval Agree- ment be approved. The motion was carried. V. PUBliC HEARINGS ~ A. CONSIDERATION OF PERMANENT ESTABLISHMENT OF SIGNS IMPOSING TIME LIMIT PARKING ON VARIOUS RESIDENTIAL STREETS SURROUNDING WEST VALLEY COLLEGE The City Manager explained that at the September 18, 1974 meeting of the Council, Resolution MV-82 was adopted, which provided for prohibition of parking on certain streets ~ during. certain haurs. Since that time, the City has received calls and letters from residents, indicating there is a need for additional-"No Parking" in this area. However, due to the fact materials for installing these signs was not received within the 30 days the resolution was in effect, the City was unable to post the signs. He indicated on January 7, 1975, Resolution MV-90 was presented, which pro- vided for prohibition of parking on those streets designated in Resolution MV-82, with the addition of certain streets (as requested by petition received in October). On January 15, 1975 certain modifications were made to that resolution, and the resolution was adopted on a temporary basis~(No. MV-90.1). The City Manager pointed out on a map of this area, deSignating 'those areas where residents have indicated opposition to the sign~',"th~se who are in favor of the "No Parking" prohibition, and those who would favor temporary "No Parking" restrictions. He indicated as people discuss this issue this evening, he can point out on the map their particOlar area and see how the people in that area feel. Mr. Robert Shook, Director of Public Works, explained that temporary signs were implemented as set out in Resolution MV-90.1; however, a great majority of these signs have come down for various reasons. He indicated since the time the new semester has started he has taken note of how the parking is being accomplished. He indicated that the parking lot at the college has been full, 400 to 450 cars parked off campus, with 250 parked in the area covered by the restricted parking.resolution. Mayor Bridges then brought to the Council's attention several items of corres- pondence pertaining to this publi~ hearing: 1. Eugene C. Foerster, 18929 Harleigh Drive, expressing opposition to to "No Parking" signs and poles. 2. Thomas L. Dashiell, 18908 Ten Acres Road, Re: "No Parking" signs on Ten Acres and Chester Ave. (opposition). 3. Ray & Lyle Freeman, 19071Portos Drive, expressing opposition to per- manent "No Parking" signs in the Kentfield area. 4. Jane E. Pacinelle, 19181Portos Drive, expressing opposition to "No Parking" signs on Portos. 5. Anthony C. Bivona, 13795 Via Alto Court, expressing disapproval of "No Parking" signs on Via Alto Court. 6. Donald H. Wyckoff, I 8911 Harl eigh Drive, requestion proposed "No Parking" plan in this neighborhood be rejected. 7. Twelve (12) homeowners on Via Alto Court, expressing opinions Re: "No Parking"ssigns on Via Alto Court. 8. Residents on R~chelieu Court and Harleigh Court requesting the cul-de- sac (Richelieu Court) be ~emoved from the proposed permanent "No Parking" restrictions in the Saratoga Gardens or Kentfield area. -3- ESTABLISHMENT OF SIGNS IMPOSING TIME LIMIT PARKING - WEST VALLEY COLLEGE AREA 9. Vlaho and Erina Pruvich, 13746 Richelieu Court, expressing opposition to "No Parking"sign at this address. 10. Mel and Veronica Rabedeau, 18631Harleigh Drive, suggesting possible solutions tolthe "No Parking" problem.' '. 11. John and Dolores Sende, 19187 Harleigh Drive, expressing opposition to "No Parking" signs to control'parking near West Valley College. 12. Mrs. Dan Roberts, 18833 Harleigh Drive, urging the Council not to~put "No Parking" signs in front of her house. Councilman Matteoni asked the City Attorney if taking the suggestion of Mr. Rabedeau to issue permits for residents and guests to park in front of their homes, this would present any problem in terms of th~s being a publi~c street and giving-per- mission to certain people to use these streets. City Attorney FaberJohnston advised that under the present law, this could not be done ~ you..could have ]O-minute no parking, or 40 minute no parking, or 2-hour no parking; however, you can't distinguish between people who are parking on the street. He indicated that you can distinguish on the type of vehicle; for instance, have a limited parking for trucks, and allow passenger vehicles 'longer parking. Mayor Bridges then opened the public hearing at 8:40 P.M. Robert Hewitt,~18711 Harleigh Drive, addressed the City Attorney in asking if he has researched the matter to see if the college is under any obligation to force parking for the college so this entire question of "No Parking" can be removed. Mr. Johnston replied that he hasn't researched this question at all because it is really the County Counsel's Office that makes the determination as to the power. He indicated that West Valley College has an obligation to provide adequate parking for their students. However, he could not answer the question of what the City Council or the citizens could do to force the college to do this. Mr. Hewitt asked if he could assume this obligation may not be legally binding? Mr. Johnston replied that if you start with the premise that there is an obli- gation, you have to assume it is legally binding Mr. Hewitt then asked why the college couldn't be taken to court? Mr. Johnston replied that this City wouldn't necessarily be in a position to go t'o Court and asking them to do something to force the school district to have adequate parking. However, a taxpayer would have a chance to get into court. Mr. Hewitt asked Mr. Johnston if he felt it would be justified to research this question. Mr. Johnston replied that if he were directed by the City Council to research this or any legal question, he would do so. Mrs. Raymond Zazzi, 13807 Via Alto Court, addressedthe Council, indicating in the petition she submitted to the City Council it was suggested "issuing three guest passes" or something you could put into the car window, rather than cars parking up on the lawn. The City Attorney responded to this question, indicating that in his opinion, this is not legally enforceable. He indicated this is frequently done on publicly-owned property, but the rules applicable to public streets, which are not owned by the C4~y are d~fferent. Lyle M~Garty, 19235 Harleigh Drive, commented that on the map it doesn't show "No Parking" on Harleigh Drive adjacent to Allendale Avenue and Athos Court. He indicated these people have permanent "No Parking", and he hasn't heard any objections. He noted that a number of letters have been received and comments heard by peopl!e who have had no problem with parking. However, he indicated in the area he lives, the neighbors do have a problem, and that they had a pick-up truck parked~in front of thei:r house all during last year. Mr. McCarty indicated he has some specific concerns with regard to this parking: 1) ~t endangers the lives of chi'ldren in walking around these cars to get to the bus; 2) It lowers property value; 3) An adverse affect on the security of the area; 4) Changes the overall character of the neighborhood. -4- ESTABLISHMENT OF SIGNS IMPOSING TIME LIMIT PARKING - WEST VALLEY COLLEGE AREA Mr. Mcearty indicated he has no desire to pursuade those people on other streets who have not been bothered with the problem. He indicated he has made an in- formal canvass of his neighborhood and found 5 households that want the "No Parking"; 2 indicated they did not want it; 1 did not have an opinion, and 2 he has unable to contact. Herb Wilkinson, 14000 Shorthill Court, indicated he hasn't noticed any difference in the parking situation since the temporary signs were put up. He commented this does not really matter a lot to him, however, he would like to suggest if parking signs are put up that they be put up at the entrances of the streets, and not along the entire street. Mr. Wilkinson commented there are seven families on this street, 5 who have indicated they would rather have a sign atthe entrance of the street. They have also indicated they would not want the street patroled too frequently. Mayor Bridges then asked of Mr. Shook: "What would be the minimum requirements for signing be, and where does it get to"be a problem to enforce if this were done?" Mr.~Shook replied that it is his understanding the signs have to be close enough in order that the person considering parking 'in a particular location can know the parking ban is there. Therefore, he would prefer to indicate this sort of signing might not be sufficient. Councilwoman Corr asked if the sign could read "No Parking Beyond This Point"? The City Attorney replied the law doesn't specify how many feet the signs have to be apart. He indicated a sign could be posted "No Parking Beyond This Point"; however, another sign would have to be put at a point beyond where you could see this sign. A rest,dent of 13864 Yerba Santa Court addressed the Council, comment~ng that it looked to him like to Council is trying to take individual areas instead of blocks. He indicated one gentlemen has requested not to place the signs too closedand mt patrol too often -- he would like them patroled from the time class starts,and signs placed every 5 feet, from 8:00 ~.M. to 8:00 P.M. Gerald Chapman, 13822 Via Alto Court, asked what was the criteria which brought about this decision to put signs up. He indicated he and his neighbors have not had a parking problem before. Mayo~.~Bridges replied a group in favor of the signs petitioned the Council, a~te~ which time, the Council took actionto install the signs. Mr. Chapman pointed out this particular location is about 1 mile from the College campuS, and from what he has heard this evening and in considering the petition submitted by most c~f the residents in this neighborhood. he Would suggest treating this by individual areas and satisfy most of the people. Donald Bruns, 13754 Orleans Court, commented they have not had any problems with college parking in this area, and his neighbors feel the same. Therefore, he felt they could do without the "No Parking" signs. Ralph Michaelson, 19150 Portos Drive, indicat~!~g he lives in the large green area (in opposition to signs) on the map, and this area represents the two areas covered in the two petitions noted earlier. Mr. Michaelson commented they have never had a parking problem on their street, and he felt giving consideration to the desires of the people in certain areas would be the best approach the Council could take. Frank Ryder, 13733 Richelieu Court, commented he has a copy of the peitition which was filed with the City on February~3, signed by the residents of Richeleiu Court. He indicated this petition is ~igned by all but one resident. Mr. Ryder indicated the residents are desiring a distinction between the courts and the streets in this area. He indicated, however, he would sympathize with people on Harleigh Drive and Portos, in that he felt they would have a much greater rpoblem. He asked that an exception be ~de, perhaps on a trial basis, not to include the courts in this particular area, but only on certain streets. -5- ESTABLISHMENT OF SIGNS IMPOSING TIME LIMIT RARKING'-~WEST VALLE¥"CO[EEGE AREA George Hutchinson, 19155 Buckingham Court, commented that many of his neighbors would like to affirm the petitions which have been filed with the City in oppo- sition to "No Parking" signs. Julie Stevens, 19070 Portos Drive, inquired if the red and green areas on the map take into consideration the original problem and the people that raised the question of putting in "No Parking" signs? The City Manager replied the resolutions (MV-82 and MV-90) reflect the original requests. Mrs. Stevens ~ndicated that she couldn't improve on the comments~!made earlier with respect to endangering children, devaluation of property and security, and she would like to add her support to this gentlemen!s po~.n~o~ view. Mrs. Norcia, 14400 Nutwood Lane, addressed the Council, stating that she is in favor~of permanent signs, and she also would like to give her support due to reasons of danger, security, and property value. She inquired if the City is still having meetings with the College regarding these problems. Ma~gr Bridges reolied the City Council has had one meeting and will soon be in the process of planning another Mrs. Norcia commented that the College is not going to go away and the parking problem is going to continue. She stated the City is either going to have to - have to live with theproblem or try to convince the College to do something about it. Mrs. Norcia suggested sanother alt~rn=ative~ would be f6~he~Coi'l~'~ to .establish' a scheduled registration system, similar to that used at. San Jose State UniVersity. The City Manager commented he understands the College has a similar process for registration which is quite efficient. Mrs. Norcia then asked: "Why doesn't the College find some vacant lot, pave over it, and set up 15-minute bus schedules to and from the College?" Mayor Bridges indicated this was discussed at the last meeting with the Board; however, it was felt this might involve~some liability on the part of the College. Jack Blackburn, 19165 Harleigh Drive, addressed the Council, stating that he recognize~ the problem many of his neighbors are having; however, he would like to go on record as opposing the "No Parking" signs in his area. He conmented that 8:00 A.M. - 8:00 P.M. would in his opinion be an overkill of this legislation, and he doesn't feel evening hours are necessary. Also, he felt p~ehi'~ted ~arking for 12 hours per day would restrict neighborhood activities. Wayne Massingill, 18611 Perego Way, commented that he opposes the signs in this area. He commented he doe~ not consider 7 or 8 miles to be "surrounding area", and he fel~ the Council's action should ~ot~invOtve~areas"~here peopledfeel more i~con~Bien~e~rom 'the signs. Ron Peters, 13590 Myren Drive, indicated he too signed a petition; however, he hasn't heard Myren Drive mentioned tonight. In listening to Mr. Shook's ~eport, he noted that nothing was mentioned about Myren Drive or Portos, Westwood Drive, Wendy Lane, and Buckingham Court, and he indicated he would like to make known the fact these area would be opposed to the signs. Mr. Peters also suggested that those signs which are approved be effective only during school days. John Finan, 18875 Harleigh Drive, commented he would like to reiterate his oppo- sition from previous meetings to "No Pa~.~"signs in front of his house. Mr. Rabedeau, 19631 Harleigh Drive, commented that as far as he knows, they have not had any problem with student parking on their street. He further commented he felt this portion of Harleigh should.be treated se~ rately, and didn't see any reason to exclude parking, particularly on the eastern side of Harleigh. -6- ESTABLISHMENT OF SIGNS IMPOSING TIME LIMIT PARKING - WEST VALLEY COLLEGE AREA ,~Nor_ma_Heind~l,.19285 Ha~3~igh'6~i~e, commented that this is a permanent prob- lem in this area, and there is a~so a problem during'evening school. Robert Van der Toorren, 14555 Hors~sho~rDr~ve, indicated he felt this problem ~oes deeper than who wants parking and who does not. He asked if it would be possible for the City Council to find that it would be in the best interest of the health and welfare and safety of the residents of Saratoga to adopt an ordinance which would abate this "public nuisance".. Then the residents and their guests would be able to park at liberty, and other people would not. Donald Langston, 13633 Westover Drive, addressed the Council and stated he has talked to a number~6f people on Westover Drive relative to.their opinion on this matter, and all except 6he has indicated.-he WQuld be-agai~st "No Parki~g"~ ~This one individual is against this on the basis that he ~'~ in the first "free" zone to park. 'Mr. Langston stated he felt until such time the parking impacts the Wildcat Creek area, he sees no reason to have the "No Parking" in this area. Margaret Dunn, 19521 Douglass Lane, commented she would request that "No Parking" signs be put on Douglass ~ne on both sides of the street. She indicated she is also representing those people on Kenosha and Minocqua Courts. Mrs. Dunn requested more "No Parking" signs be placed along Douglass, and also, parking in the orchard near the Saratoga Foothills Development be prohibited. She also requested signs be placed on Fruitvale Avenue, between Douglass Lane and Allendale, to enable children going to and from school to ride their bikes along the east side of Fruitvale. Councilman Matteoni asked Mrs. Dunn if she had any suggestions as to what hours parking should be prohibited. Mrs. Dunn replied they ha~e not been bothered with the problem in the afternoons and during summer months. James Grafton, 19051 Portos Drive, indicated he would not object to putting in the signs; however, he would recommend making the no parking effective from 8:00 A.M. to 3:30 P.M. Mr. Grafton commented that he felt the biggest problem in this area is speeding. Bev Mommsen, 18641 Harleigh Drive, asked if there would be any chance of asking the College for an environmental impact report before allowing them to go ahead and build the proposed stadium, which would compound the problem. Mr. Van Duyn, Planning Director, commented that the College has indicated they have hired a consultant to proceed with the preparation of an E.I.R. Report for the stadium expansion; however, the City hasn't received a copy of this report. He stated if the City does not receive a copy of this report, the College would be in violation of the State Environmental Qual.ity Guidelines. Mr. Bogart, 20615 Wardell Road, addressed the Council, commenting that we have ~unning through the middle of town a P.G.&E. easement, which he didn't know whether or not was available to the City or not. He stated we also have a Dial-a-Bus to help move people around. He asked if it would be feasible if a piece of property could be rented by the College to be utilized as a place to pick up and deliver students to school. Mayor Bridges indicated this could be included in the City's discussions with the College. Mr. Whitlock~'13698 Manteca Way, indicated there are still at least 3 residents on Manteca Way and Alcott Way who are opposed to the erection of signs, and would so desire the exclusion of these streets ~rom this parking restriction be considered. Mr. Paciulli, 19181Portos Place, suggested the Council consider leaving it up to the individual homeowners whether or not they want a parking sign in fronttof their home. Howard Clukey, 19171 Portos Drive, commented that he believes the Council is attempting to act on the behalf of the citizens in this matter, and he is wonder- ing how we can reach the college people and discuss this with them_ ~ he is not aware of their meeting dates. ~7- ESTABLISHMENT OF SIGNS IMPOSING TIME LIMIT PARKING - WEST VALLEY COLLEGE AREA Mayor Bridges advised that the Govern~]ng I, Board meets the first and third Thursday each month. He indicated that it was pointed out at the joint meeting of the City and the Govern~ng~oard there were more students enrolled'in the'first semester than contemplated~-and..al~o, they.indicated they couldn't turn students away. He commented that because of the closing of the Campbell campus, most of those students have been moved to this campus. It was his understanding the~eollege ~as going to be opening classes at a junior high school in the City of Santa Clara next year, ~nd if this comes about, there is a possibility some of this overflow would be re- lieved. He indicated the City would continue to have meetings with the College Board to see if steps can be taken to resolve this problem. Mr. Morley, 19607 Kenosha Court, commented that the more citizens who show up at the Board of Trustees meetings at the College. the better, and on several occasions they have been convinced to consider new ideas. He ~uggested the citizens ~ecome more active with the College in this respect. Bruce Whitlock, 13698 Ma~teca Way, asked-if the Coliege'has specifically asked the Planning Commission for permission {6 put in more parking. Mayor Bridges replied that the College has not asked the Council or the Planning Commission for this permissi on. Also, the College has procedded with an appli- cation for an additional parking lot; however, this is currently in the hands of the courts. Donald Langston, 13633 Westover Drive, indicated he has been a student of West Valley College for some time, and he has found the GovernS!rig Board is receptive to the people who attend these meetings. He suggested the Governiing Board be approached with any suggestions or proposals citizens have. Russell Crowther, 20788 Norada Court, commented that there is a precident at other campuses. where the university issues permits to students and strict enforcement to anyone who parks on .the campus~without a permit, with very strict controls on receiving these permits. He felt a policy of this type would courage students to use some other means of transportation. Mrs. Robert Evans asked if she is to believe that the citizens would have more power if they went to the College -- or would the City Council act as spokesman? Mayor Bridges replied that the citizens wo~ld have a direct say in what the ~ollege does in that they are the ones who elect the trustees. However, the Council has attempted to act as a mitigating power on behalf of the citizens. Mrs. Evans asked if the citizens wouldn't have more strength if there were to obtain, for instance, the City Attorney and do something legally with the College. She commented we would be starting a precident by allowing these "No Parking" signs to be put in, and that would be the beginning of deterioration. She also commented she has heard there are over 40,000 students enrolled at the College. Mayor Bridges commented the Council has been unable to pin this information down; he has seen this figure in various newspapers, however, and it is considerably--~ more than what the use permit allows..' It was then moved by Councilman Kraus and seconded by Councilman Matteoni the public hearing be closed. The motion was carried. The public hearing was closed at 10:00 P.M. After additional discussion by the Council, it was moved by Mayo~iBridges and seconded by Counci,lwoman Corr ResolutionMV-90.2, be adopted, to reflect the following: 1) "No Parking" on the east side of Fruitvale Avenue (along campus frontage); 2) "No Parking" on Kenosha Court, Minocqua Court, Douglass Lane, and on the west side of Fruitvale Avenue (including Yerba Santa Court); 3) continuation of "No Parking" along Harleigh Drive to 19223 Harleigh (not including Orleans Ct., Richelieu Ct. and Harleigh Court; 4) "No Parking" on west side of Portos, from Myron Court, south to Allendale. It was further moved and seconded s~ns"posted in th~se'locations indicate "No Parking" between 8:00 A.M. and 3:00 P.M., week- ends and holidays excepted. The motion was carried, 4 to 1 in favor; Councilman Kraus in opposition. -8- B. SANITARY SEWERAGE PROJECT NO. 1975-1 (InformationaN Hear~g~! Resolution No. 722 - A ResolutionApproving Formof Resolution of Intention andsBoundary Map and Granting Consent of the City Council of the Ci.t~ of Saratoga to County Sanitation District No. 4 of Santa Clara County to Undertake Proceedings to Con- struct a Sanitary Sewerage Project and to Provide that the Cost shall be Assessed on the District Benefited Under Appropriate Special Assessment and Assessment Bond Proceedings. Mayor Bridges introduced Mr. Steve Goodman, Manager and Engineer, Sanitation District #4. He then opened the public hearing at 10:25 P.M. Mr. Goodman addressed the Council, explaining that the purpose of his appearing this evening is to gain consent of the City of Saratoga to allow the District to proceed with this project. He indicated there would be additional public hearings before the District also. Mr. Goodman described the project, indicating there are ~hree units -- Unit No. 1 being in the Ten Acre Road area, consisting of 1-acre building sites, the estimated assessment being $2,150.00 per site. He indicated a previous direct mail survey indicated 100% on the part of the 4 parcel owners; Unit No. 2 is on Brookview Drive, consisting of 6 10,000 square foot parcels, with an estimated assessment of $1,780.00 per parcel, with 100% interest by the parcel ownerS; Unit #3 is E1Camino Grande, Monte Vista and Via Colena area, consisting of 22 1-acre parcels, with an estimated assessment of $3,344.00 per site, sand here the survey reflects 68% interest. He pointed out on the map Parcel 3-709-004, located at the corner of Via Colena and Saratoga-Los Gatos Boulevard, has been eliminated due to topographic considerations. Mr. Goodman advised that the District has letters from the Health Officersfor all 3 areas, recommending installation of sanitary sewers. The District's AssesSmeht proceedings would consist of setting a public hearing, possibly for the District Meeting on March 26, and each individual property owner would be notified prior to that public hearing. He indicated that the Dist~i'ct would advertise for bids on this project prior to the public hearing for opening on that date, and re-e~t~mate the assessment rates based on the low bid. If the majority of the property owners approved the project, the District would probably commence with construction on approximately April 15 and finish around the middle of July. There being no further discussion of this matter, it was moved by Councilman Kraus and seconded by Councilman Brigham the public hearing be closed. The motion was carried. The public hearing was closed at 10:30 P.M. It was then moved by Councilman Kraus and seconded by Councilman Brigham Resolution No. 722, incorporating the revised exhibit, be adopted. The motion was carried. C. NUISANCE ABATEMENT (Cont'd. 11/6/74, 12/18/74 & 1/15/75) This City Manager explained that the two reasons the Council continued this matter at the last meeting were: 1) to see what action wo~ld be taken con- cerning the erection of the fence at Hansen Garage; and 2) to determine a date for terminating the sale of firewood on the Saratoga-Sunnyvale Road property. He reported that the chain link fence has been erected behind Mr. Hansen's garage; however, the bamboo screen has not yet arrived. He stated Mr. Hansen still wishes to keep some cars on the side of the building on a rotation basis as he maintains it is safer there. Mr. IBeyer ~urther reported there are several violations to the Zoning Ordinance and Health Code pertaining to the firewood sale, and it would be his recommendation to allow Mr. Spaich until February 20th to terminate that use. The Mayor re-opened the public hearing (10:35 P.M.) Harold Hanson, owner and operator of Hansen Garage, indicated he would like to explain why he likes to keep the cars at the end 6f the building. He indicated -9- NUISANCE ABATEMENT (Cont'd.) that occasionally there are customers who want to pick their cars up in the evening. Also, he felt this helped to stop the vandalism. Councilman Bridges asked Mr. Hansen how many customer cars he parked in this location on the average. Mr. Hansen.replied: "3to 4." Ken Martin, Shop Manager, who resides at 735 Lois Ave., Sunnyvale, addressed the Councilsand stated that the cars at the garage are usually kept no more than 2 weeks maximum, and most of the cars are out in 2 to 3 days. Mrs. Frederick Tator, 20577 Manor Drive, indicated that her husband has written the Council a letter on this matter. She stated they have been residents of this city for 3 years, and for 3 years there have constantly been a number of cars in the back and on the side of Hansen Motors, and it is quite an eyesore. Mrs. Tator commented that this evening she and her husband drove by Hansen Motors to see if the bamboo screening had been installed, and they counted 15 cars on either side of the garage and 5 to 6 in the back. She indicated there were some- what less cars in back -- there are usually 40 to 50, and they have been there for quite a while. She stated before the last public hearing, the cars had been moved fro m the Hansen property to the Graves property, which is adjacent. It was her feeling Mr.-Hansen was going to comply with the Council's request until the public nuisance passes. Councilman Kraus asked what the provisions of this use permit were, and if it would allow for as many as 14 cars. The City Attorney ~ndicated there is no use permit here, and this is a pre-existing non-conforming use.of an automobile repair shop. He indicated that the problem in the past has been "When do you reach the point where you are no longer repairing cars and you are now a 'junk yard'?" He stated that except for the ability to screen the cars from the public, there is no real way of setting a limit on the number of cars this individual can repair. He stated Mr. Hansen doesn't have any facilities for locking up the cars in the shop because the shop isn't big enough. It was his understanding the cars in the back are not cars he is working on, but rather, older cars which he uses for spare parts. Mr. Johnston stated that several years ago, he wrote Mr. Hansen a letter, and they had just arbitrarily agreed on t~4rcars. At that time, Mr. Hansen had been keeping 40 to 50 cars, and since that time, it looked like Mr. Hansen had been gradOally~cutting this down. Councilman Kraus indicated he would still like to keep the public hearing open unti'l~this issue is resolved. He further indicated he objected to any more than the allowed number of cars at the Garage. He stated he would like to move on the sale of wood, however. In order to give Mr. Spa~ch adequate notice of the termination of the firewood sale, it was recommended this be considered on March 5th. Mayor Bridges suggested Mr. Hansen be permitted to park 3 to 4 cars' on the side of the garage if the owners would pick the cars up that evening. Councilwoman Corr felt this would be a reasonable number, however, no action was taken on this point. It was moved by Councilman Kraus and seconded by Councilwoman Corr this public hearing be continued to the regular meeting of March 5th, and Mr. Spaich be notified that he is have the wood situation cleared up by th~s date. The motion was carried. Recess and Reconveyne VIi.ADMINISTRATIVE MATTERS A. MAYOR 1. Announced appointments to Community Advisory Committee of the Youth Service~ Bureau and to the Bicentennial Committee. Community Advisory Committee Patty Campbell, Kathy Trieb, Joyce Sogg, Roberta G. Worden, Gordon C. Johnson, Ray Zaragoza, Lydia M. Norcia, Donald Wolfe, Marlene Q. Duffin, and Bruce Owens. - 10- APPOINTMENTS (Cont'd.) Bicentennial Committee Emma S. Garrod, William Giannini, Leslie H. Landin, Mike Mohr, and'Ann Tunzi. B. FINANCE 1. Payment of Claims It was moved by Councilman Kraus and seconded by Councilwoman Corr the list of disbursements, 20702 thru 20795, 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: Parker Ranch Environmental Impact Report. Upon the recommendation of the City Manager, it was moved by Councilman Kraus and seconded by Councilman Brigham this matter be tabled until the actual appli- cation for rezoning is ~ubmitted to the Council. The motion was carried. D. DEPARTMENT HEADS AND OFFICERS 1. Director of Public Works - Report Re: Quito Road Traffic Problems Near Austin Way. Mr. Shook, Director of Public Works, reported the City engineers met with representatives of the County and the City of Monte Sereno to review this situation. He indicated that 2 improvements were suggested at this meeting: l) the severe drop-off at the edge of the pavement be modified to pr6vide a more gentle grade; 2) I-~ was'felt the overhanging limbs of a tree on the easterly roadside forcing cars into the southbound lanes, and it was suggested this tree be removed or trimmed. 2. Director of Public Works - Signalization of Herriman Ave. and H~ghway 85 - Reported that State Department of Transportation has indicated signals are warranted at.this location, as well as as Reid Lane; however, they have recommended construction proceed with the Reid Lane signal and the City con- tinue the study of Herriman Avenue. He indicated he would follow up with a report on this intersection at a future City Council Meeting. 3. Director of Public Works - Status Report on Traffic Signal on Reid Lane and Highway 85. Reported that the State has approved this signal. The item which has to be determined, however, is whether or not to include the new stop cul-de-sac on the east side of the street in the contract, for an e~timated $18,000. It was moved by Councilman Kraus and seconded by Councilman Brigham the extension of the Reid Lane signal to include the cul-de-sac be approved_for ~nclusion in the contract with the State. The motion was carried. 4. Director of Public Works - Status Report on Plans for Installation of Land- scaping on Calabazas Sedement Control Facility. Mayor Bridges indicated he would be in favor of arrirming the Planning Commission's approach that the vegetation used in this project be native to th~s area. It was agreed that this point be transmitted to the Santa Clara Valley Water District. E. CIT¥"MANAGER 1. Report Re: Needs Assessment Survey It was moved by Councilwoman Corr and seconded by Councilman Brigham!~the City proceed with this program as proposed by the City Manager in his memorandum, dated January 29, 1975. The motion was carried. 2. Recommendation Re: One Position Under the Public Service Employment Program. It was moved by Councilman Kraus and seconded by Councilman Brigham the position of Administrative Assistant to perform'those duties outlined in hi~ memorandum - 11 - CITY MANAGER REPORTS (Cont'd.) dated January 29, 1975, be approved, in lieu of the earlier proposed Records Clerk position. The ~otion was carried. 3. Report Re: Request by Saratoga Rotary Club to Close Big Basin Way Between Saratoga-Los Gatos Road and Thi~d Street from 9:00 A.M. to 5:00 P.M. on Sunday, May 4, 1975, for Annual Rotary Art Show. It was moved by Councilman Kraus and seconded by Councilman Brigham approval be granted to close Big Basin Way between Saratoga-Los Gatos Road and Thi'~d Street between 9:00 A.M. and 5:00, Sunday, May 4, 1975,for the Annual Rotary Art Show. The motion was carried. 4. Report Re: Additional Traffic Control It was moved by Councilman Kraus and seconded by Councilman Brigham the amended Exhibit A to the Sheriff's Patrol Contract, approving 40 additional hours per week ~heriff'spatrol-~er~iceS (dat~d-,Janugry '20z'1975),be approved. The motion was carried. VII. COMMUNICATIONS A. WRITTEN 1. Willys ~.~ Peck, President, Saratoga Historical Foundation, requesting release by the City $2,000.00 held in trust under the will of the late Florence Cunningham for establishment of a local history museum. It was moved by Councilman Kraus and seconded by Councilman Matteoni the funds held in trust be released conditional upon. one of two courses being followed: 1) The Foundation establish a separate account for the administration of these funds so there would be a guarantee that they not become co-mingled with the Foundation's General Fund; or 2) The City allocate these funds to the Foundation on a "need" basis for the specific project mentioned, and once the project is completed, the City be issued a receipt verifying that the funds had been used as indicated. The motion was carried. 2. Mrs. Henry Kaplan, 20745 Sevilla Lane, Re: Proposed zoning ~hanges in the area of Foothill School.- Noted and filed; City Manager. to respond. 3. Rosemary Tisch, 14735 Aloha Ave., expressing support to M~. Van der Toorren's suggestion O~ landscaping Saratoga-Sunnyvale Road and the High School's corner with HUD monies. - Noted and filed. 4. Helen Ulrich Hall, 20865 Wardell Road, Re: Development of the "Painless Parker" Ranch. - Noted and filed for consideration when this comes before the City Council. 5. Frederick Tatar, Member, Saratoga Manor Homeowners Association, Re: Hansen Garage property. - Noted and filed. 6. Ray D. Berry, 13187 Paramount Drive, R~: the condition of properties at the intersection~of Saratoga-Sunnyvale Road and Miljevich Drive. - City Manager advised this will be an area for consideration in next year's Capital Improve- ments Program. 7. Robert L. Miller, Veterans Coordinator, Office of Veteran Affairs, West Valley Community College, inviting the City Council or.a member of the staff to attend a seminar for veterans on February 10, 1975, to discuss such topics as V.A. Loans for Homes, Businesses and'Farms, etc. - Noted and filed. ~B. ORAL~ .~T * ~; - -~,.- _ :~ .... ' ~ " " '-' ~ ~--:.~! =:-~_--- . . ~-~- .... ._- ~ , 1. Sam Hernandez, 14626 Big Basin Way, expressing opposition to the Oity's new business license fee structQre. - Set for discussion at February 25th Committee of the Whole Meeting. - 12- ORAL COMMUNICATIONS ( ) 2. Russell C~Owther, 20788 Norada Court, Re: ~lope density regulations. Mr. Crowther requested that a-layman's statement accompany the minutes to indicate why a change is being made. - Referred to Planning staff VIII~ 'ADJOURNMENT It was moved by Councilman Bri~ham and seconded byCouncilman Kraus the meeting be adjourned to an Adjourned Regular Meetingon Tuesday, February 11, 1975, to be followed by an Executive Session to discuss personnal matters. The motion was carried. The meeting was adjourned at 12:15 A.M. ectfull ~tted, Robe - 13-