Loading...
HomeMy WebLinkAbout03-17-1976 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 17, 1976 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Brigham, Corr, Kraus, Matteoni, Bridges Absent: None B. MINUTES '~E~'~-C 'S' C6Gn~i~a~ ~la'~t~6nSi'~q~st~d i ~ (n ~'~ Mr. 'Crow~he~'s .... '~ .... com~ rel=e~nt~'t6 ~the mOti~s of~the s i gn~s' of the . Initiative Petitioh. He further noted a correction on page 4, indicating the vote as 4 to 1. This should be corrected toIl~:hdiC&(e'~ 4 to 0 vote. It was moved by Councilman Kraus and seconded by Councilwoman Corr the minutes be approved as amended, and the reading waived. The motion was carried. II. CONSENT CALENDAR A. COMPOSITION OF CONSENT CALENDAR It was moved by Councilman Brigham and seconded by Councilman Kraus the Consent Calendar composition be approved. The motion was carried. B. ITEMS FOR CONSENT CALENDAR 1. SDR-1136, A. H. Brolly - Minute Resolution.Rejecting Offers of Dedication 2. Final Map Approval and Execution of Building Site Approval A~reement a) SDR-1136, A. H. Brolly,.Fruitvale Ave., 4 Lots b) SDR-1158, Frank Daviar, Pierce Road, 1 Lot c) SDR-1226, John Sadlier, Casa Blanca Lane, 1 Lot 3. Construction Acceptance a) SDR-1065, George Kocher~Samuel Tyler, 5th and Big Basin Way b) Tract 5462, Divident Industries, Dagmar Drive and Bonnett Way 4. Payment of Claims 5. City Treasurer's Report It was moved by COuncilman Brigham ~nd seconded by Councilwoman Corr the Consent C~lendar be approved. The motion was carried. III. BIDS AND CONTRACTS A. ~CCEPTANCE OF BIDS AND AWARD OF CONTRACT FOR SARATOGA HISTORICAL PARK. The City Nanaoer reported that 3 bids were received for this project, the d low bid of $28,659.90 from Palo Alto Landscaping, and the hig~i"~ing $35,445.20. He indicated that it is being recovrmended additional funds be provided for this project for: 1) utility connection to the Museum; 2) irrigation facilities; 3) plant ~nstallation -- frontage only. This ......... w~ul d_am~o_u.n~o~:~an~ad~i~ion~! _~,~00.00 ;~Fo~ Revenu? 9h~g fu~s. ~ ,_ Willys Peck, President,~rat~(~ist~ri~(~ Foundation, requested the Council give consideration to tr~e~i'n~'$2~O0~.O0 from the FloreHce Cunningham fund to the Foundation to be used toward the construction of the museum project. The Mayor indicated the staff would prepare a report on this, and the request would be agendized for the next regular meeting. It was then moved by Councilman Kraus and seconded by Councilwoman Corr the Council accept the low bid from Palo Alto Landscaping for this project, including the additional'~6~_6~e~igrk, utilizing Revenue Sharing funds. The m6tion was carried. B. AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE PROPERTY OWNERS OF VILLAGE PARKING DISTRICT NO. 2 The City Manager requested this item be continued to the next regular meeting. This was acceptable to the Council. IV. PETITIONS, ORDINANCES AND RESOLUTIONS A. ORDINANCE'NO. 38.58-1 Ordinance Amending the Saratoga City Code Relating to ~ire Prevention and the Adoption of the 1973 Uniform'Fire Code - "Safe and Sane" Fireworks (Reconsideration) The City Manager noted one item of correspondence on this matter from Marjorie Foote, urging the Council not to rescind the ban on the sale "of fireworks. He further indicated that~6(Fl=i~Te'~6G~'~l~':~qGe~'at't~ p~eji~Us'm~e~n~~' ~(~6 l~t~e~"~FO~ Chi~T~T~ 'S~ra~o~ 'Fi~e'Di~tric~u~t~ng ~nal~n(or~' ~e~a~ed to "Safe and Sane" fireworks, has been in- cluded i~ th~ Council's packet for consideration this evening. Following a discussion. of this m~tter by the Council, 'it was moved by Councilman B~igham and seconded by Councilman Matteoni Ordinance 38.38=1 be introduced. The motion was carried, 3 to 2, Councilman Kraus and Councilwoman Corr in opposition.' B. ORDINANCE NO. NS-3.34 An Ordinance Amending Ordinance NS-3 of the City of Saratoga, the Zo~in~ Ordinance, by Addin~ Article 23 Thereto Relatin~ toTemDorary Uses in All Zoning Districts Other Than Residential It was moved by Counciman Brigham and seconded by Councilwoman Corr Ordinance NS-3.34 be introduced and set for public hearing on April 21st. · The motion was carried. C. ORDINANCE NO. 38.63-1 (Second Reading) An Ordinance of the City of Saratoga Amendin~ Article II of the Saratoga City Code Relating'to Weed and Rubbish Abatement, by Amending Sections 6-7,· 6-10, and 6-11 Thereof It was moved by Councilman Kraus and seconded by ~ouncilman Brigham Ordinance 38.63-1 be adopted, and the reading waived. ~h~motion was carried. REPORT FROM CITY CLERK ON REFEREndUM PETITION PERTAINING TO ORDINANCE NS-3-ZC-75 City Clerk Robert Beyer indicated that he has certified the Referendum Petition which was officialIv filed on Mar~h 8, 1976, and f~nd ~ t6 beT~- valid on the basis of the signatures presented. He renorted that 1,925 signatures were checked, with 1,498 being valid, and 1,463 valid signatures required. He explained that the Council has two alternative actions on this matter: 1) Reheal Ordinance NS-3-ZC-75; o~ 2) submit the Ordinance to the voters in its entir~ty, either at a regular municipal election or at a special election called for this purpose. He further indicated tha~ the City Attorney has Report Re: Referendum Petition r~~n--appfo~T~'~'f~lb't~ On--(NoT '7 66)~ho~1~ '~'CbQnci l~'a'~'~ ~->action to submit the ordinance t~ the vot~r~.~2~ ~'affirm'~a~'t~'C6~nciT'~ p.~,~a~s '~tl6~ %o adopt Ordinance NS-3-ZC-75, ResoluteoiliNG. '~6~1ii~6 ~ Specia~ Electi6n ]~ t~'e City of~ ~aratoga for the Purpose of Submittin~ to the Electors of Said City a Certain Re- zoning Ordinance under Referendum Proceedings, Fixinq the Date of Said Election, the Manner of Holding the Same, and Reauestin~ Consolidation of Said Special Municipal Election with the State of California Direct Primar~ Election to be Held on June 8, 1976, be adopte~. The motion was carried. Councilman Matteoni co~ented that his main concern in the matter going to the voters is the impact it might have in accomplishing any planned community development in the hillsides, if this measure is overturned. He indicated that he continues to believe that the best use for the hills, if they are not acquired:T~'a's ~ermanent open space, is~to have development that is responsive to thb ~hysical environ~nt/'H~'~o~nte~hat~h~t ~'~Tp'6~ T~'6~h~ most responsive in concept is pl~nne~'~ommunity,- which ' ~llows for sdme variable lot size, clustering of development, minimizing of road cuts, extension of services, etc. Councilman Matteoni indicated he would therefore like to ask the staff to prepare an argument regarding the measure to reflect the City Council's views in this regard, and indicated he would so move this. Councilwoman Corr seconded the motion, and it was carried unanimously. E. REPORT FROM CITY~aTI'~6~'i~S~O~:O~'T~OVERRiDE'ME~SgRE'TO'PURCHFS'E ....... HiLE%IDE~OpEN Sp~CE:[ANDS~'~ ........... The City Manager explained that the Council had directed him to come back with additional information regarding acquisition of hillside lands for open space purposes. He indicated it is generally assumed that approximately 400 acres could be purchased at a cost up to $2,000,000, and if it is the desire of the Council, there are two alternative actions which could be - taken this evening: 1) Approval of a general obligation bond issue which would require a 2/3 vote of approval, and would reguire payment over a 20- year period, reflecting a 12.3~ increase in taxes; and 2) approval of a tax override measure, which would provide for i~ediate funding of $2,000,000, involving a one-time increase 'in the property tax rate, to approximately $1.30 per $100 assessed valuation. He explained that he would need to have the Council's action in te~s of direction this evening for submittal to the Registrar of Voters Office no l~ter than March 26, 1976. The Mayor acknowledged two items of correspondence received on this matter from: Russell L. Crowther, 26788 Norada Court, and Mr. and Mrs. Dennis ]a~di, 20685 Wardell Road Mr. Crowther addressed the Council, stating his two personal concerns are: 1) a~y bond issue is doomed to fa~l if it is done too quickly; and 2) it is his understanding the Mid-Peninsula Regional Park District is interested in such lands, and would like to know if there is some way to work out a cooperative agreement with them. He further commented that he is very concerned this bond issue has come up overnight, when the Council spent 6 months working on the librany bond issue. James Isa~k,*13685 Calle Tacuba, Co~ented that there might be confusion by the voters if both measures were to be put on the ballot, and it was his feeling the Council should schedule the bond issue measure for the November Election, after the City=has had a chance to imple mnt its Slope Density Ordinance. Heber Teerlink addressed the Council on behalf of the Greater Saratoga Property Owners Association, indicating it is their position as property owners involved in this entire district that as long as one issue is raised -3-. Repor~ Re: Bond Issue or Tax Override Measure~ in June, the public should be given the chance to decide that it wants an intelligent plan for the Parker Ranch. Gary M. Brumbaugh, 20896 Maureen'Way, commented that his concern is the timing of adollar issue on the ballot which says: "If you don't want the development, therefore, you ~uy it -- and the price is $2,000,000." He further commented he doesn't know if this price is fair for 400 acres of land, and felt it is the City. Council's responsibility to determine if homewo k has be n done in re ~hing this iure e lso indicated that t~e al ot. Co..ci? may be croj .g, oo muc the co.cern Mayor Bridges explained that'to date, the Council has been dealing only with "ballpark" figures. Mr. Hanson, a Saratoga citizen ~i'~ ~'~U~s{i~ assessment. He wondered if the~Ciiy were'to tell"{~e' voters what are going to be'required to pay. for this land, and in the meantime, the value increases significantly, would it be necessary to buy it a second time. He commented if this were to be researched further, it may well be found this $B,O00 figure per acre might have applied last year, but he would doubt if it would hold this year. Mr. Brumbaugh indicated he would like to offer his services for any of the planning which the Council d~si red'*~'~Hi~!_~t~L. in the'next two ~eeks. Councilman MatteOni commented on Mr. Hanson's remark on ~e-buying land, indicating that there is a doctorine in California Law in which one is precluded from re-opening an issue which has gone before judgement and condemnation, or settled through litigation by deeding the property for an agreed price. Therefore, he did not feel this would be the intention of the Mid-Peninsula Regional Park District to what the Council might pro-. pose. Councilman Matteoni indicated that with regard to the concern as to whether the Council has a good handle on the dollarS, he would like to ask the staff for their efforts in this regard Before moving finally in terms of puttingth'~ i~' on the ballot with specific numbers. Councilman Kraus reiterated the fact that this is open space property at this particulaZ .time, _qp~qt park nropertyo and the Parks and Recreation Commission~'~'~ ,this'measuPea.is passed, would get involved in this. It was his feeling {Gi~ is an issue before ~he-vnters ~ight now, and now is the time to make them aware that the City has*todq something if it is planned to keep this as open space land. Councilwoman Corr stated that one of the goals the City was trying to accomplish in the rezoning of the Parker Ranch was to provide onen space and scenic easement in the lower foothills, and the citizens did not like the way the Council was attempting to do this. Therefore, she felt this was a viable alternative. She indicated she does not conceive park development such as that in t~e flatlands in this area; rather, she feels it is the type of open space which the Mid-Peninsula Regional Park District has purchased with their ranger and limited control. Councilman Brigham c6mmented that he feels the ballot measures for the bond issue are long overdue, as he feels this is a very good way to save our hill- sides. He commented that this goes far beyond just Painless Parker itself, and it is a way for the voters to choose what they want in those hillsides. Mayor Bridges commented that he felt if the citizens were not going to allow reasonable development in the hillsides, the land should be purchased, and the sooner we can get it on the ballot, the better, as it puts the City in a better position due to.the ~f!~l?in~rease in land, rising interest rates, etc. Also, he would like to gi~e tBe citizens the option of financing through bonds over a 20-year period, or in a single-year tax override situation. Report Re: Bond Issue or Tax Override Measure t'fi~{'~l{~'f~l l~ lT~=~r~T '1~'~6'i ~nc~ow~S ,~i,'_'~TH6' ~ty ~i ng to put open space on a bond issue, it should be dete~in~d what that land value is .-r'not only at this precise .moment, but in a longer range perspective -- and she felt the best determinent of that value would be what th6 zoning is on the land. She co~ented that since it hasn't yet been determined what that density is going to be; it would be difficult to evaluate the cost per acreage; therefore, she'felt a delay until the-Hillside Ordinance and PD Ordinance are passed would be appropriate. Vince Garrod, a resident of Mt. Eden Road, indicated when it comes to determining the value of land, there are very simple and acceptable pro- cedures for this, and he didn',t feel the Council was in any position to determine the value of any specific parcel at this time. Rather, he felt the only thing the Council should dete~ine is how much total dollars it believes the co~unity might be willing to spend in order tO accomplish its mission in acquiring open~space.~ He fGrther commented that 'h~di~'~ot fe~l' d"~h'8 ~'ouEc'~i'~Hd6]'4'~Ta>'l~' Ea~BiC~E~io~d'BFB~rsoB&l'ly woula'~fa(O~ ~tbe b~nd issu~'F ~Th~e~ar(he'fel~ JuA~'is'th~'ti~'tB go 0~' (hiS.' Following some further discussion on this matter, it was _~pv~d b.v Councilman Kraus and seconded by Councilman Brigham that the ~ff be direct'6~ t6 p p!r b]l't~i~l~d~~c~ ~i~ ~o~ the Council to put both ,the Tax Override Measure and Bond Issue on the June Bal'lot for purchasin~ hillside open space lands, and this be considered at an Adjourned Regular Neering on Tuesday, March 23, 1976. The motion was carried unanimousl.v. It was moved by Councilman Kraus and seconded by Councilwoman Corr to adopt Type "A" (Concourse type) lighting standard for the City. The motion was carried; ']V2 Z~BD'~VE~jON~'BUILDING SITES AND ZONING REOUESTS A.REQUEST TO AMEND THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GATEHOUSE CONDOMINIUM "' ~ ' .~t was moved by Councilman Kraus and seconded by Councilman Br'igham approval "~' "of the Amendment to Declaration of Covenants, Conditions and Restrictions of the Gatehouse Condominium. The motion was carried. VI. PUBLIC HEARINGS A. ORDINANCE NO. NS-3.33, AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE, BY ESTABLISHING A HILLSIDE CONSERVATION-OPEN SPACE ZONING'DISTRICT CLASSIFICATION BY ADDIN~ ARTICLE 3-A THERETO (Introduction) The City Manager Called upon Meg Monroe of the Planning Department to give a brief presentatiQ.n concerning this:or~'~]nance. ~ =. M~. 'Monroe addressed =the council~indi~i'~5~Z]~hJ prZot~gq of public health, safety and welfare and the ~cerns for the kinds of problems'{H~"' occur in the hillside area ~ere dealt with in the ordinance by a series of criteria. These criteria supplement the criteria which is already laid down in the City's Subdivision Ordinance. She indicated that the major criteria affectin~ the hillsides in the Subdivision Ordinance is the requirement of public water and sewer to any developmen~ in the hillside area. In addition, the ordinance contains preliminary soils and geologic requirements, and a site development plan which provides for the preservation of existing vege- tation, existing topography, erosion control and sediment control. It also contains a design review process that endeavors to insure the protection of the appearance of the natural landscape of the area, prominent ridge lines and prominent ridges. It also projvides for building sites which do not exceed a 40% slope, and it establishes a series of minimum standards for lot dimensions, - 5- ~'Ordi~a~e NS~3.33 (Hillside Ordinance} "~ coverage of impervious surface to control ~un-off, minimum yards and set- backs, minimum building height limits, contour grading, and minimum lot size. The ordinance also provides flexibility in insuring that fixed standards will not be applied irrationally. She then outlined a hypothetical 60-acre situation, indicating this plan was developed to show how various criteria apply to basic contours and changes in the land and how it applies to the subdivision. She pointed out the fact that each site has its own character. F.ts. Monroe further indicated tha~ the General Plan did not recommend a slope density formula as a base, and the General Plan-~]'~ll~s)ys that within a slope conservation zone, a range of density would ~e acceptable, and the density for the site should be determined by e physical evaluation on each parcel that is proposed ~or development. She indicated there is a list of things which would be considered in this site evaluation, and all of those things that are within the jurisdiction of the Cityof Saratoga are included in the Ordinance, except for school capacity and arterial access. ~lith regard to the slope conservation formula, Ms. Monroe indicated that of the 20 formulas that have been proposed, 6 of them are specifically based on the assumption that water and sewer would be provided. These are: l) the City's old formula in NS-5; 2) Planning Conmnission's formula "A"; 3) Planning Commission's formulas. l, 2 and 3; and 4) the County's formula that states a density with water and sewer. She indicated it is the staff's feeling that th~-b~se~which is selected for a slope density formula for the ordinance should realistically permit meeting other important criteria that the plan laid out, even though it didn't recommend a base density.: Mayor Bridges acknowledged one item of written correspondence from Russell L. Crowthat regarding inf~ormation on the County'svariable density ordinance. The Hayor then opened the public hearing at lO:O0 P.M. Bob Allen, residing on Hilltop ~o~d, addressed the Council. He stated his comments do not relate to the district beinp discussed, however, he can see a trend moving toward this property, and the same considerations he would like to speak to are involved in the area being discussed. Mr. Allen stated that approximate3y lO years ago, he purchased 3.3 acres of property, and at that time, it was described aS 3 sites. Shortly after the purchase, the Chester Avenue lmprovement DistriCt was formed, and it was necessary to quitclaim some deeded easements or access to the property in order to complete that district.. He then exchanged it for right-of-way over a private access road which was later named "Hilltop" coming off of Ten Acres. At that time, the City planners could see 3 sites, and there was some special consideration given because of the 3sites on his parcel, and 2 sites on an adjacent parcel~ and it was indicated a variance would be allowed for 5 lots to service off the private access road. He indicated the road was constructed according to City standards, and it was accepted by the City as a private access'road. Mr. Allen indicated that the Sanitation District. constructed a sewer line nearly the full length of.the property to serve other residences on con- tiguous property. He indicated that the situation today is that the 3.3 acres is completely surrounded by homes, all constructed on 40,O00-foot lots, there is no vegetation on the property, it is in defile, service is off a private access road, and it may in fact become a single site. In this way, one famil.v would be obligated to maintain over'3 acres, and if this comes to pass, it would be his feeling the City has taken 2/3 the value of that land awa.y by ordinance. Ordinance NS-3.33 (Hillside Ordinance) Mayor Bridges indicated his only comment would be that the Council is not looking at this particular area at this time. Vince Garrod, 22600 Mt. Eden Road., addressed'the Council indicating that the proposal has been made by th~ Planning Staff of Saratoga, 'and they are satisfied with it now and would like to see the Council adopt it. This would alsOIrescind the moratorium that is On, and Saratoga could proceed to continue along with'its growth pattern. Mr. Garrod ,indicated he would like to con~ent with regard to schools. He stated that. schools in Saratoga,' as in other areas; are facing a declining enrollment, and this presents a lot of problems -- teachers are released, school overhead cdntinues, and fewer children. · Mr.-Garrod-con~nented th~t~e felt th~ staff's presentation as tO the constraints shows that whatever formula is adopted, there will be less houses than whatever the formula says. He further commented that in any of the hearings he has attended, he has not heard any expert engineers say there is any real hazard to ~he hills. He felt the roads would be better, because the'roads ~v~(e'O~f~i~]!~ ~(Si~h_~d 'f~ ~"h(~iest way for the cow to go. He sta~/~d'l~h~ n~w ~a~ '~t least hav'6 ~le benefit of an engineering concept and the benefit of design, and they' are much more stable than any of the old roads. Therefore, he felt any of the fears about public health or safety are non-existent, and it appears to him that the investigations are complete. With regard to the questi.6n raised p~rtaining to~_~acres and as this being the cut-off limit, Mr. Garrod presented another formula which he stated woul'd go to ~l~OT~L~'~cres~!t TM a 50% cut-off, and would'give a~proximatelV the same density as 'the present formul.a. It would also penalize the steeper areas a great deal, and would add a few parcels to the shallower sites. He commented that this entire area has a slope of about 28% oh the average. He indicated that it should be remembered there are already some 92 homes already 'in existance in .the area, and there are parcels with non- conforming uses, and of all the parcels under lO acres, 245 sites have already been accounted for in the entire district. He stated lif Table I as presented by the Planning Commission is used, before any constraints are added to it, there would be a total of about .575 units possible in the district, with 92 already there. You would then come up with about 850 acres of open space left. Heber Teerlink, 21810 Mount Eden !Road, indicated he Would like to endorse Mr. Garrod's comments and add some additional comments of his own. He stated it is the position of the Greater Saratoga Property Owners Association that the ordinance as prepared by the ~lanning Commission be adopted by this body. Mr. Teerlink commented that he f~els the facts have pretty well ~borne out what the property owners have spent many months in working with the Planning Commission to establish a reasonable worki.ng formula. Mr. Teerlink stated these property owners are here as a group, and plan on staying here and planOn-supporting this ordinance and seeing that the hillsides of Saratoga are developed in accordance with ,good planning. Mr. Crowther, 20788 Norada Court, commented that he object'~(~.~p~-.~_ retroactivity provision in the ordinance, as he doesn't feel this is con- sistent with existing state laws. Mayor Bridges asked the City Attorney if there is a certain time within the City's~:F~'~esent practices, when it considers a subdivision complete. ~r. Johnston replied that for 20 years, Saratoga has never used building permit issuance ~s .i:tS criteria. They have used the time of approval of the first map, It indicated that it is usual that you not make your zoning ordinances retroactive so as to Cut off the invested right~ a. person has, and this proposal makes the cut-off point at the approval of any site development plan, and this is consistent with what Saratoga has done for 20 years. -7- Ordinance NS-3.33 (Hillside Ordinance) It was then moved by Councilman Kraus and seconded by Councilman Brigham the public hearing be closed. The motion was carried. The public hearing was closed at 10:20 P.M. Councilman Brigham indicated he Would like to move the Council subStitQte City Council Formula I for the slope density formula, as he feels this is more in line with the General Plan and is a lower density formula. The motion died for lack of a second.' Councilman Kraus suggested Section 3.32 not be placed under ,CONDITIONAL USES as recommended. The City Attorney supp$3~t_ed this, indicating he wou 1 d su gges t this be an added p~ragraph-,ji n .S_e~cti on~3'T27, fol 1 owing "j" in the list of criteria. ' Mayor Bridges indicated he was of the assumption the previously discussed changes with regard to the chaQg~. in the' title of the ordinance,~a~ the addition of the word.".f6s~dentia~" in Section 3.20, li.ne 5, to read: "regulated residential dev61b~SmeHt". He then read the paragraph proposed to be added to Section 3.27, as follows: "It, is understood that the above-mentioned development criteria may or may not have an impact upon the site area and density permitted an individual application under the provisions of this ordinance. In those cases where it is determined that the development criteria will have an impact, due to seismic safety, slides, public service, etc. ,it is expected that this will affect the maximum number of dwelling units per acre as reflected in the table of Section 3.24. Such impact may reduce the number of allowable dwelling units per acre." It was moved by Councilwoman Corn and Seconded by Councilman Brigham to · amend Ordina.nce NS-3.33, with the addition of the proposed amendment t~ · ~tion 3,27~Sfollowing the list of criteria and item "j", addition of the ~vord "re~'i~ntial"in the title', as well as to~Section 3.20, line 5. The motion was carried. Councilwoman Co~r indicated she ~ould like to make another amendm_en__t ..... ~1~6 ~a~J~> Counci 1 ~ #2, for the ,reaso9 that~in-~th~'~e6~h~i c R~port iT~dicates at,~a,~30%~l,o~_~er~iT'~._eh~.~"]~.te~_~'_.~'C6~p~fl man Brigham second~'~' t~'~'d~n~l~.~'~ ..... ~'~ ~ Councilman Matteoni indicated he would not favor table number 2, statine. that the geotech~iT criteria does,~dT~T'~T~6a'~(~'~T~l~_'4~T_~"l~s~ ' of geotec~nic p~t~;'~~herei~ore,' h~ be'~'eV~"~{he ~remise ~6~Lwhich Councilwoman Corr is working on this is not consistent, and there may be some problems shown on an average, but you find those dropping off when you get above 40%. It was his feeling that the tables are only half the ordinance, and a base from which to operate. He indicated that his approach is that he wants an ordinance tha~ lets the land demonstrate its capabilities,' ' and he believes the way to do this is to provide a base from which to oDerate, and then apply that development criteria in close scrutiny of the land. Councilwoman Corr i~dicated that on m~rginal sites this is where the criteria is going to come to work, and this is going to involve a judgment decision, and she wonders if this conscientiousness would carr.v through in making this judgment decision over a period of years. Mayor Bridges indicated he would share some of Councilwoman Corr's concern, however, he believes the ordinanc~ as it has been set down is restrictive enough so there is not going to be much area for not following those criteria. The Mayor asked for a vote on the;motion,_ Councilwoman CorrFa~!'(6~(~'~il~n Brigham voting "Aye", with Councilmen Kraus, Matteoni and Bridges voting "No". The motion therefore failed. Ordinance NS-3.33 (Hi Ordinance) Councilman Brigham indicated he feels the Planning Commission table is in as low a density as he would like to see it, and is in keeping with the General Plan. It was then moved by Councilman Kraus and seconded by Councilman Ma~gni to introduce Ordinance NS-3.33 as it is before tbe_Council~las recommended d 1 ,b~"~P~an~fi~T~i'S~6~:"T~'~i~g~' c~r~i e , 4't~" ~ with Caunci lman Bri'ghamvo~ing i"n-opposition~ ~ ---'-""~- ..... '~"= ..... B. CONSIDERATION OF DEVELOPMENT OF A BUS TRANSIT FACILITY IN JOINT AGREEMENT WITH THE COUNTY OF SANTA CLARA TRANSPORTATION AGENCY IN THE VILLAGE OF SARATOGA, AT 14469 BIG BASIN WAY, ON THE SITE OF AN EXISTING ABANDONED ARCO SERVICE STATION .: The City Manager indicated that for'a number of months, the staff has been working with the Santa Clara County Transit District to try'and work out a program for facilitating the movement of busses:in the Village area and useage of the. Arco site. He~indicated that a concept was proposed where= by the City could protect the right-of-way and eliminate the problems on Oak Street at Third. He indicated part of the funding for this project would come from the Federal Government. He asked that Mr. Van Duyn, Planning Director review this site and the~proposal. Mr. Van Duyn explained that the plan essentiallyis to take the Arco site and utilize the front portion for a transit area, and would also provide pedestrian Walkways and other activities which would generate a little more interest in the Village. He indicated that the County Transit would be footing the bill for the actual improvements on the'land, and there is a tentative agreement with the County that landscaping wiql be installed as part of the project, and the City will be maintaining the landscaping. He stated that demolition will be covered under the City's Community Development Act funds, and it is a project for beautification under CDA, and a composite project with the County for a transit facility. The Mayor then opened the public hearing at ll:06 P.M. Arlene Anderson addressed the Council on behalf of herself and her husband, Sam Anderson, Attorney, who operate a law'OffiCe on Big Basin Way, next to the property being proposed for a' bus terminal. She indicated he has been there for 20 years.~ Also, she cdmmented that':theytry to keep it a quiet business, but they do have to be heard when they are talking with the clients, and she didn't believe they would be heard if the Council allows busses start up and roar their mo.tors, etc., and they will have to keep their windows closed because of so many fumes. 'Mrs. Anderson further commented that she doubts the busses would have access onto that road, as she even has a difficult time getting out with a small car onto Big Basin Way. She stated that the problems in'the Village of Saratoga are: 1) too much traffic already and congestion; and 2) the lack of proper policing. She commented that it seems to her in order to get a little free money to improve that section, we are giving up a lot. She then indicated she would 'like to introduce thei~.!landlord, Mr. Payne. George Payne addressed the Council, indicating he owns tKe property next to the proposed terminal, and that he would like to offer his objections. He indicated he felt it would be detrimental to the renters who are now in the building, as'well as any future renters. Also, he felt this would.decrease the value of the property. Mr. Payne commented that he feels the thing needed most in the city is parking, and this would be a good alternate. Miles Rankin, Realtor, addressed the Council, stating that there are very peculiar problems in the physical location of the business district in Saratoga, as there is one main street 3 to 4 blocks lonq. Everything else is residential, or a creek on the other side; therefore, it takes a lot of imagination and patience to try and solve the problem. Mr. Rankin commented that was failed to have been brought out was the fact that the busses ~n this terminalrare going to cross Big Basin Way to make left turns to go back toward Westgate and Sunnyvale. He commented that right now, on any given day, there are 9,000 to 11,000 cars passing that point on any given day. He'indicated these are exact figures taken from a -9- Bus Transit Facility - Arco Site counter taken about 2 weeks ago, between 4:00 P.M.= and 5:00 P.M. on a Wednesday or Thursday. He indicated that at the point the Council is- proposing to place this bus depot, there are 15 cars a minute going past this particular spot. Mr. Rankin stated that a survey Was taken of the Village Merchants, and the result was that 85% of the Village merchants don't want a bus'depot at that particular location. ~ Mr. Rankin indicated he would like to suggest alternative sites for this facility. He suggested the lot directly across the street from the fire station be considered. A second suggestion was. the location behind the Mobile Station, the Cottage Bar and Western Federal Savings and Loan. As a third possibility, Mr. Rankin suggested taking the busses off Oak Street and putting them on Third Street. Ernie Kraule, 14445 Springer Avenue, indicated that he has a business across the street from thelArco site which' has been there for the PaSt 16 years, and he is~nidn~'~6~t~i~..in ~av~having the bus' ter- minal at this location. He ~di(a~ea'~e o~"t~ih~ he questions is the traffic flow, particularly pull~in'g out cross traffic and causing more con~-- gestion than there is already. He felt that perhaps the busses could go in and out of this site by going to the end of Big Basin Way and turning around past Sixth Street, which is a natural turn-around. It was then moved by Councilman Kraus and seconded by Councilwoman Corr the public hearing be .closed. The motion was carried. The public hearing was closed at 11:20 P.M. Mr. Shook, Director of Public Works, commented that the Transit District did explore the possibility of busses going all the way up Big Basin Way and turning around, and it was found the older busses could not make this turn-around at Sixth Street. He commented that he bel!,ieved the new busses would probably be able to make this turn, however. Mr. Shook further mentioned the fact that the Transit District's orininal request prior to any plan 6f the Arco site was to eliminate 3 or 4 parkinq spaces on Third Street near Big Basin Way, and the busses have their stop there rather than the.steeDerpart of Third StreetZ He indicated that. the Chamber of Commerce had indicated at that time they did not want to see the spaces lost. This led to the review of the Arco site as a possibility He added that he believes the Transit District might approve the turnine maneuver at Sixth Street if i~ didn't Violate some internal safet.v reeuiation they might have in this regard. The Counc'il d~scUssed this matter and the alternatives suggested_, and it was the consensus that none of these alternative sitesCg~l'd b'e. vi~ble locations for the bus termi ml. It was suggested when the Arco station is torn down, the City request a trial run and see.if busses can maneuver at this location, with ~hespossibili~y of the new busses tryin~ the turn on Sixth Street at a future time. It was then moved by Councilman Brigham and seconded by Councilman Kraus to approve the concept of the transit facility at the location of the Arco site. The motion was carried. C. CONSIDERATION OF DRAFT ENVIRONMENTAL IMPACT REPORT ON SARATOGA LIBRARY AT THE CORNER OF SARATOGA AVENUE AND FRUITVALE AVENUE The City Manager advised that thi~ is Dart of'the Dro.cess in development of the new library site. He indicated~i~_w~sS~S~ ~b~ E~n~"_~ mental Impact Report was necessary, and copies of this E.I.R. have been made available at the libraries and have been circulated to the various agencies for comment and review. He indicated only comment has been received back,"and this is from the Santa Clara County Archeological Society, indicating -10- Draft E.I.R. - Saratoga Library indicating they'have conducted an on-site inspection, and a result of that survey indicates a location of positive evidence of. prehistoric habitation as follows: 3 broken monos (hand~grinding stones); 1 shallow metate (stone grinding surface); 1 bowl mortar; 1' chert core; several chert flakes; and existence of a possible midden area. The Archeological Society further indicates there is a known ar(heological site approximately 100 yards north- west of the proposed l'ibrary site, and recommends that a professional archaeologist be brought in to comolete the archaeological section of the draft Environmental Impact Report~ He'then asked Sandra Rennie of the consultant firm of ENVIROS to make a brief presentation on this, and answer any Questions the Council might have. Sandra Rennie, President of ENVIROS addressed the Council. She commented that the letter received by the City indicated that a team from the Sgn_~_ta .... Clara County. Archaeological Society had conducted an evaluation and-~ound ~r~n .~"~ions that there 'might be some importance attached to thi~' 'g'{te was not'sent to ENVIROS. She indicated the first question raised by this letter is "where those items were .located?" Ms. Rennie stated when ENVIROS~da '~'j~da~!~:~ to ~et~'F~'& ~i~i~v~[~i ~a~'i 6n'~a~72~iT~d ~for, i t was d~te~mih6a '~h'a~ 'ii' ~'Va~' ~6t ~ 'Bec~U~T ~e"~i~'~a'g 'al~a~t"~nti~ly been disturbed to a great extent.' Also, the Archaeological Society did not say where they had seen these items, and there is a possibility that they may have viewed the site as a whole, rather than the site where the library is to go. Ms. Rennie indicated there is a question in her mind as to why this team didn't take the next small step, and draw the conclusions from the information they presented in this list. She further con~nented that the signature on the letter of Robert J. Anderson, President of the Archaeological Society, is not located at the address on the letterhead, and neither is the Santa Clara County Archae61ogical Society listed in the telephone book. There- fore she has not been successful in contacting these people. Therefore, she is very much puzzled by this situation. Ms. Rennie further added that the City has some responsibility if there are ass~c~_ons of_b~ne__on_tbj.s_sj_t~;_h~.wever,.there was no suQgestion of any' evidence of bon~. The Mayor openda [~eSublic hea~'~{ ]] :45 P.M.' ' ' Mrs. Roslin Griffith addressed the Council and commented that when St. Andrews Church was being built, her daughter found an obsi.dian arrowhead, which at that time was supposed to have been of some historic value. Mayor Bridges advised this ~'l~l"~ave-'be~~o~.the ~library site. Ms. Rennie indicated that the normal mitigation would be to suggest that if associations of bone were discovered during the .excavation process, the excavation should, by.law, stop at that point until the site has been evaluated by an archaeologist. She further stated she is confused as to why these people didn't draw the conclusion from what was stated in their report,=and'if her firm would have had an archaeologist on the site, he would have identified what he had seen, and then made some value judgment. as to the importance of that, and recommended what, if any, measures were appropriate under the circumstances. Mayor Bridges commented he believes the letter suggests the City bring in an archaeologist to do that, and it was his feeling this was not an archaeologist who conducted this investigation. Also, it was his recollection, in a previous situation involving the Pace property, this is a club (archaeolog? buffs). He suggested proceeding with this, with the understanding if bones are found during the excavation Drocess, the excavation stop immediately. -11 - Draft E.I.R. - Saratoga Library Ms. Rennie then quoted from the Public Resources Code, Section 5097.5: "No person shal 1 ~k~l~ ~T~.~T?l~'~'~avat~ u~h'~¥~'~- move~'~'~T~ure~br ~e ~'~s~o~i~'6'~ ruinsT'bu~ial"g~ounds, archaeological or vertebrae paleo~and geological site, including fossilized footprints, inscriptions made by human agency or by other archaeological paleontogical or historical feature situated on public'lands, except with the expressed permission of the public agency having juris- diction over such land. ViOlation of this'section is a mis- ~.ydemeanor." She commented that what this<and other citations boil down to is that the m~ner of the land is the one w~O'~jkeS'the~determination as to what can be done with the artifacts, with the exception'applying to burial ~rounds. It was then moved by Councilman Kraus and seconded by Councilman Brigham the public hearing be closed. The motion was carried. Public hearinOwas closed at 11:50 P.M. It was moved by Councilman Kraus and seconded by Councilwoman Corr to: 1 ) ~C~'~t~'fy _the Environmental Impact Report~ 'a~oT~l ~, ~"~_a_s~i n~T_~j~a~n~ ~i~' ~V~i ~F ~h'~ 5ubl~'h~ing; 2) make-t~e.d~termination that' the project'will not have -'~ a significant impact on the environment; and The motion was carried,uHanimpusl~. The Mayor requested that the City Manager direct a'letter to the Archaeological Society to ask if they want to come and dig on the site. VII. ADMINISTRATIVE MATTERS A. MAYOR 1. Reported that the City has received the executed agreement with the State of California for the Reid Lane/Saratoga-Sunnyvale Road Traffic Signal Project. State plans to advertise the project in May, with construction anticipated in mid-July. B. COUNCIL AND COMMISSION REPORTS C. DEPARTMENT HEADS AND OFFICERS 1. Planning Director Report Re: Evaluation of Pierce Road Traffic Barrier Beh.i.nd Argonaut Shopping Center The Mayor i ndicate'd there was one co~unication received on this from Ed Peterson and Family, 12751 Idlewood Lane, opposing the closure of Pierce Road where it joins the ~lley in the rear of the Safeway Store. The Council heard the Planning Director's report regarding the temporary barrier at the east end of Pierce Road, and the comments he had received from residents in the area. He indicated total installation'costs fo~ the De~anent barrier woOld run,from $800 to $1,000.7 .............. Mf/V~uyn--a~i~d~i't- is {h~' ~{aff'-~ Fec6~ti on i'nstal~l-ati'dn of a permanent traffic barrier at this location be approved, and that Exhibit "B" proposal be utilized. It was then moved by Councilman Kraus and seconded by Councilwoman Corr to approve in concept the installation of the permanent barnier at the east end of Pierce Road, at the intersection with Argonaut Place Shopping Center. The motion was carried. -12- 2. City Attorney Opinion Regarding Williamson Act - Charles P. Guichard The City Manager indicated that Mr. GQichard is ill and unable to be present this evening; therefore, requested this item be deferred until the Committee of the Whole Meeting next Tuesday, March 30th. This was acceptable to the Council. D. CITY MANAGER 1. Report Re: National Women's Political Caucus of Santa Clara County The City '~n~i'l> directed the City Manager to draft a letter to this group~ifidicating the Council's position on the request. 2.Report Re: SB 1500 (Song) Relevant to Court Recorganization and Use OY City Revenues to Fund New State Court Costs It was moved by Councilman Brigham and seconded by Councilman Kraus to support the concept of the ~e-organization, but urge financing through a different method. The motion was carried. 3. Request from Project Survival for "Bike-a-Thon" on April 4, 1976 It was moved by Councilman Brigham and seconded by Councilman Kraus this request be approved. The motion was carried, 4 to l, with Councilwoman Corr in opposition. VIII. COMMUNICATIONS A. WRITTEN 1. Paul E. Sagers, Assistant ExecUtive Officer, Local Agency Formation Commission, requesting the Council support Senate Bill 1510, an "Island" Annexation Bill. - City Manager to analyze and report at April 7th meeting. 2. Garv M. Brumbaugh, 20896 Maureen Way, requesting the Council consider the wishes and petitions of Saratoga residents as previousli communicated, and zone the hillside areas of Saratoga to a 1-acre minimum. - Noted and filed. 3. R. Bruce Jahnke, 12781 Arroyo de Arguello, with comments on the Referendum Petition. - Noted and filed. 4. Julie A. Kelly, .12882 Woodmont!Drive, and petition from neighbors re- questing a 3-way stop sign at the intersection of Woodmont Drive and Chateau Drive. - Referred to the staff for a repont back to the Council. B. ORAL 1. Mohammed Zeno, a resident Of S~n Jose, indicated he was planning to open an amusement center in Saratoga at 14519 Big Basin Way, and would like to request the Council remove the ordinance which prohibits anyone under the age of 18 years of age to operate pinball machines. - staff was directed to investigate this, and bring back a report at the next regular meeting. C. PUBLIC SERVICE REPRESENTATION The Mayor recognized the presence of public service ~epresentatives, as follows: Lynn Belanger, Chairman, Saratoga Stan Marshall, Planning Commission Planning Commission Oim Isaak, Library Commission Dorothy Parker,~d~v',t. Grp. George Whalen, Bicentennial Committee Mar3orie Foote, A.A.U.W. Anril Barrett, Leahue of Women Voters ~o Anne Runyan, A.A.U.N. Roger Lueck, Good Gov't. Group -13- John Powers, Chamber of Commerce Nancy Mac Donald Republican Central Marlene Duffin, President, :'_C6'~tee Wildwood Heights H.A. Ernie Kraule, Chief, Saratoga Fire Oist. IX. ADJOURNMENT It was moved by Councilman Matteoni and seconded by Councilman Kraus the meeting be adjourned to an Adjourned Regular Meeting next Tuesday, March 23rd, and to an Executive Session. The motion was carried. The meeting w~s adjourned at 12:20 A.P~. Respect,,~ul*l~-submitted, R?