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HomeMy WebLinkAbout05-17-1978 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 17, 1978 7:30'P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting' I. ORGANIZATION A. ROLL CALL Present: Councilmen Corr,~Kalb, Kraus Absent: Councilmen Matteoni, Callon (arrived later) B. MINUTES (April 25, May 3) The following corrections were noted to the minutes of May 3rd: Page 21, ADMINISTRATIVE MATTERS, CITY MANAGER - Should be indicated that the topic of discussion was Proposition 13. Page 22, CITY MANAGER, item 3(b) - Should indicate Criminal Justice Planning Board, rather than~I.G.C. Board. Page 6, , second paragraph from bottom, should indicate 26- foot street, rather than 28-foot street. Page '7, first paragraph, should indicate 26 half-foot dedi- cation, rather than 28-half foot dedication. Page 10, third paragraph from bottom, should indicate date of July 6, 1977, rather than November 30, 1977. Page 21 DIVIDEND INDUSTRIES '~.~a~. 7~":i :~o ~iV~'2~a~f~j!~'o"rae~t~h~ff~5;~'~aI'esman can ~niy i~did~ pe~. a~:~d~ .~*?~ ~: T~:~7'';~' '~*C._7fT.~jT~j'-: ' Page 21, DIVIDEND INDUSTRIES, add to end of discussion that Councilwoman Corr requested the developer be reminded about speeding up the work on the bridge at Cox Avenue. Also add coment of Co~cilwoman Callon concerning the dust problem, suggesting that S~er Drive beclosed off. Page 21, DIVIDEND INDUSTRIES, vote should be reflected as 3 to 1. It was moved by Co~cilwoman Cotrand seconded by COuncilman Kalb the minutes of April 25 and May 3, as corrected, be approved. The motion was carried, 4 to 0, Councilman Kraus abstaining due to the fact he was not present for these meetings. II. SPECIAL PRESENTATION - SA~TOGA CO~UNI~ GA~ENS' ANNUAL REPORT Chuck Griffin, Manager of the Comunity Gardens for the past 4 years, gave a slide presentation of the Co~unity Gardens and progress to date He :ffrged~zZ(hatr'~-h'a~Cb~n'~it"a~din fund the progfam,.irregardless"o~h~i~ bS~P~6'ii'~ion 13 passes. III. CONSENT CALENDAR A. CO~6SITIONOF CONSENT CALENDAR C06n'diiGi' Kdlb requested removal of item 3 fiom the Consent Calendar. It was moved by CouncilwomAn Corr and seconded by Councilman K~lb approval of the Consent Calendar composition, with the exception of item 3. The motion was carried unanimously. B. ITEMS FOR CONSENT CALENDAR 1.,Agreement between the City of Saratoga and Joseph Masek Enterprises, Inc. Re: Development of Arco Site 2. ResolutiOn 85-9.34, Am~hding Resolution No. 85-9 Adding to Fringe Benefits for Employees of the City of Saratoga * 3. Resolution 85-9.35, Amending Resolution 85-9.28 and 85-9, Adding to Basic Salary Classes, Employment Position Classifications and Compensation Schedule for Employees of the City of Saratoga 4.Agreement between the City of Saratoga and Reginald H. Graves to Convey Right-of-way on Quito Road 5. Payment of Claims 6. City Treasurer's Report 7~ City Clerk's Report It was moved by Councilwoman Corr ~nd seconded by Councilman Kalb approval of the items for the Consent Calendar, with the exception of item 3. The motion was carried unanimously. C. ITEMS CONSIDERED SEPARATELY 1. Resolution 85-9.35, Amending Resolution 85-9.28 and 85-9, Adding to Basic Salary Classes, Employment Position Classifications and Compensatioh Schedule for Employees of the City of Saratogaz Councilman Kalb inquired what is the basis for the salary range established for this position. Mr. Hendrickson, Assistant;CityManager, explaine~ t~at in establishing salary ranges, the City looks at external and internal comparisons andgauges it primarily on the skill level required, experience and education. Th~ City then looks internally to see what comparable agencies are paying for similar type positions. Councilman Kalb indicated his second question relates to - educational reqpirements, as he does not feel the experience ~hf~em~nt~'~I~ ~nsistent with that of a highschool graduate. Cour~fl~oman'Eallon commented that she fel~ the saiary range was quite high in light of the fact there was no type of certi- ficate or degree required, in addition to very minimal experience in the field. Also, it was her feeling.if this individaal is checking. engineers' plans, they should have some type~gf ,qerti7 ficate or degree to be in a position of checking ~h.b~ ~'!,a~!~' ~' . Following additional discussion, it was moved by Councilman Kalb and seconded by Councilwoman Callon the adoption of Resolution 85-9.35, with a modification to the qualifications to the extent that education be an AA Degree or .equivalent, and the experience be modified to 2 years. The motion was carried unanimously. - 2 - IV. BIDS AND CONTRACTS A. AUTHORIZATION FOR CONTRACT TO ADD ADDITIONAL BAY TO CITY SERVICE YARD Itlwas movedby Councilman Kalb and seconded by Councilwoman Callon to a~prove the re-negotiated contractf6~ ~e'~'y~dition ~6'~e~iC{'~ S~rVi'~'Y~8,U~'~f~Yi~": ~' ~gise~ constructions, ~Company - $8~6B1~ .LeRo~.Co~l~10-'Co~crete Company - $'l,750,~for ~ ~otal'~ontrad~i~dos!~~ o~.~!'0,~Ii~' and ~e"~a~bf~B~ ~ho~iz~ tb~'~ke~t~-tEe"~ontr~ct'. T~e loffib~ d~ffied'~ani~ousty-.TM V. PETITIONS, ORDINANCES, AND FO~L RESOLUTIONS A. RESOLUTION 854] A RESOLUTION ORDERING THE VACATION AND ABANDON- ~NT OF A WALKWAY EAS~NT ON SOBEY ~ADOWS COURT - T~CT 5164 .The City Manager reviewed the Council's action on May 3, 1978, at which time the Council directed the matter be referred to the Planning Co~ission for review of consistency of this pro- posed easement with the General Plan. The Co~ission took action at. its last regular meeting, and has forwarded a report to the Council indicating a unanimous vote to maintain the trail, finding that.the abandonment would be inconsistent with the circulatiop element of th.~ General Plan and further indi- cated they felt the abandonment of this easement would be establishing a precedent for all individuals who backed up to any sort of trail and pathway easement. The City Manager noted items of correspondence received on this issue for consideration this evening, as follows: Mr. Steve Sherick, 14133 Sobey Road, re:-p~qp~dab~d~n~~ of the easement. - ...... .... Mr. and Mrs. Bob Chleboun, 141~5 Sobey Meadows Court, re: abandonment of the easement. John N. Pope, Jr~, Attorney for the o~ers of Sobey~ad~s Court, re: Sobey~a~Co~t~stff~ail~ Councilman Kalb co~ented that he has a n~ber of problems with the Trails and Pathways.proposals, one being cost. Heindicated that no matter who does it, we are talking about $20,000 of resources that are limited, whether they be the City's money, the citizen's money, time or good will. Also, he co~ented there is a time factor in~olvedTr~S~h-l~3~years, when many of these offers may or may not sti%l~fd~dl Mr. Kalb co~ented that there are many unkno~s in the whole system -- we haven-'t settled on .development or privacy standards, haven't addressed the ordinances n~cessary to make the system work and haven't addressed the issue of broad based co~unity SUDDOrt to allow it to exist and continue to find funding as the years go on. Co~cilman Kalb further stated he isunwilling to commit property taxes or general fund revenues for such a program,=particularly 'when you see the support for something like the Jarvis/Gann Initiative. He co~ented that it would be his feeling the majority of the electorate y~uld not wish to use property tax to finance it. He~ug~e:d~if the Council does proceed on this, it should find a~y'=0f financing which is g~ing to hold up for the whole system as well, and he does not believe the approach of doing a small demonstration trail will answer these questions,_.~ather, he believes the only way to do it would be to have complete hearings on the plan. -,3 - SOBEY MEADOWS WALKWAY EASEMENT (Cont'd.) Therefore, he believes that retaining the right_s to the ease- ment without taking full steps to resolve the issue would be a personal "cop-out" for him. Councilwoman Corr indicated._she would concur in Councilman Kalb 's~ ~_n~'~e~h~n~the ~a~ii~a~ f~ c~sk est~tes~ it did~'~'h~v~'~n~ ~'~{~ ~' ba~'~m~ '~ ~ f!hey had not agreed 'as a develop the trail's. ~ -..r,.~ ~.-. ~- ~=c~- .... Councilman Matteoni c0~ented that he believes it is within the perle and direction the Council has given to the Parks and Recreation Co~ission to review the entire Trails and Path-' ways Report, and the Co~fssion is going to have to address that overview before they can look at a segment. Therefore, he believes the job is at the Co~ission level, and he is in favor of letting the Co~ission go about its work. Mayor Krau~ indicated that he recognizes the problems of the amount of money that wouldtbe spent in reference to the trails. Further, he has some difficulty when we have a Planning Commission which has unanimously indicated that the City not abandon the easement and a Parks and Recreation Co~ission ~hich has indicated unanimously that the City not abandon the easement, and he has great concern that if the City does.abandon the easement at this point, someone else will run into the same problem of saying "You are not going to put it in m~ back yard." He indicated he would rather ~ot abandon the easement at this point, and let the Parks and Recreation Co~ission have its hearings, and then determine whether the City is going to have a trails and pathways program or not. He indicated at this. point, he would vote against ResolutiOn 8~4. The City Manager suggested that if in fact the Council decided not to approve Re~olution 854, he would recommend the Council consider adopting Resoluti6n 844 which would be to accept the Offer of Dedication, and then take steps to officially close the easement off~ The C{ty Attorney interjected that unt~ss and until it is accepted, it is private property and there is nothing the City could do about openipg it up. The City could then accept it at any time~ Councilwoman ~ll~.~h~moved that the Council not adopt Resolution 854 ordering vacation a~d abando~men~ of a walkway easement. Councilman Matteoni seconded the motion. Councilman Matteoni co~e~ted that the support does ~eem to be there on the public's part to preserve the opportunity. Councilwoman Callon cohented th'at she maintains the City should keep its options open FUrther, she is .appall~d~~t~~and ~ has gone into this particular hearing, but finds no other way to deal with the entire system and permit the viability of trails to continue except by keeping the option open and not abandoning any part of the trails system at this point. She'urged that the City Council to either hold hearings i~ediately or to ask the Parks and Recreation Co~ission. to do so in order to make decisions as quickly as possible.. Councilman Kalb co~ented that if the'Council even considers that it will know as much about any other segment of trai,1 as - 4 SOBEY MEADOWS WALKWAY EASEMENT 'Cont' d. ) it does this one, it is k{dd~ng.itself. Also, the costs are still going to be there. Witho~t~a firm commitmentzthat the C~t~.is going to review all ~'f'~h~ plan and.put it before the public,~=he would have to say "no". Councilwoman Corr commente~ that She believes if the~ City can protect the public and owners of that property from any further harassment and have time to make a better.decision, she would lik~ to vote for this mot~6~. The Mayo~ then called for a vote on the motion; the motion carried. 4 to 1, Councilman Kalb in opposition. It was the concensus of the Council to discuss With the staff and ~embers of the Parks and Recreation Commission the direction the Council wishes to take with regard to the total trails system. Councilwoman Callon 'suggested the Staff'notify the interested organizations regarding the Councii's action this evening, reminding them that the land is private property and should not be used. The City Managersindicated this would be done. B. ORDINANCE NS-3.32-1, AN ORDINANCE OF THE CITY OF SARATOGA ~ENDING ORDINANCE NS-3, THE ZONING ORDINANCE, BY AMENDING ARTICLE 4 THEREOF IN RELATION TO PLANNED RESIDENTIAL DEVELOPMENTS BY AMENDING SECTIONS 4.1, 4.2 and 4.4 THEREOF The City Manager advised t~at in February, the Coundil directed staff to propose some modifications to the. ordinance, based on the direction of the Council at that time, and .these have been mad~ at the Planning. CommiSsion level and have been presented to the Council for consideration. Councilwoman Callon {ndi~at~dT.~he~would be interested in re- strictihg the entire ordinance to senior citizen housing and would like to hear it heard on this basis. The City Attorney advised that any material amendments to the ordinance should go back to the Planning Commission for publi9 hearing. He further advised that when.~the Council adopted the previous ordinance is to completely repeal its previous "PD" zone; therefore, the Council may wish to resurrect part of it with this ordinan&e and dombine it with a ~enior citizen pro- vision. Councilman Matteoni commented that he would like to see the flexability-'i~ the ordinance that would invite senior citizen density, as opposed to the.strict "RM" route in the ~!ty of Saratoga, and ha would like tothe Planning Commission to consider. Councilman Kalb indicated ~hat he would like to see at least'. a section of the ordinance restricted to senior citizensT,. and then resurrect "PD" which was previous defined. It was th~n moved by Councilwoman_Gallon and se'cOnded by Councilman Kalb to'refer this ordinance back to the PlanniBg. Commi s s ion, reque s t ing an a[n~aein~,~'bisl :ordinan~'~ ~o~i~, of t~e ordinance to deal specific~i~'~f~'~i'gr citizen ho_~$ng, ' and to resurrect the"PD".portion..~Th~'~lilo/~'was carried -~i~'o~S ~v' ' ~C6~lm~n~'M~altE~ suggested the .~C6fr~iSSion fd~t~'~{'d~ing som~ bonus to.clu~t~'in~2and .this was concurred in by the other members of the CounciF. ' - 5 - C.' ORDINANCE NS-31.41, AN AMENDMENT TO THE CITY OF SARATOGA'S ZONING ORDINANCE NS-3, SECTION %-2(B) (1) (C) TO ELIMINATE REAL ESTATE OFFICES AND F~NANCIAL INSTITUTIONS, AN ALLOWED USE IN ALL I'C-C" AND "C-V" DISTRICTS WITHIN THE CITY~D PEP~IT THEM IN 'SAID DISTRICTS AS A CONDITIONAL USE It was moved by Councilwoman Corr and seconded by. Councilma~ Kalb to introduce Ordinance NS-3.41, waiving the reading, .and set the public hearing to consider adoption of said ordinance for June 21, 1978. The mo,tion was carried unanimously. VI. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. REQUEST BY RESIDENTS ON HARLEIGH DRIVE TO CLOSE PUBLIC EASEMENT BETWEEN TRACT 6074 AND 5243 TO PEDESTRIAN ACCESS The City Manager explained that this issue relates tO a letter considered by the City Council on April 19, raising questions as to the status of these ~wo easements. The City Attorney has reviewed thisland found that in Tract 5243, this has been accepted by Resolution 36-B-15 and now constitutes a public easement for roadway purposes. qW~=~h'~'~i~'87~r~.t 6074, there is 'an offer of dedication for .a ~edes~ian easement in this t~act; however, at this point it has not been accepted. Therefore, Ithe property owners in Tract 6074 have' rights as to the use of the' easement --the Offer of Dedication is there, but the City has not accepted it. He reported that it is the staff's recommendation that the City take no further steps unti~ the time the Councildon~iders whether or not it is going to accept the Offer of Dedication. ~ ~liC"wa~kw~y'~t~&~' t~'~wSi~rlei~ '5~'i~es ~o~' ~e~eS~ian purposes, and at that time, the City might want to consider different options relative to the width of the existing ease- ~nent. Councilwoman Callon recalled there was a problem with line-up Mr. Shook~ Director of Public Works, advised that the easement could be designed so that bicycles could be walked through. It was moved by Councilwoman Callon and seconded by Councilwoman Corr to ac cep t ~h~ '~f~fT~D~l~l~'i~on'~T~l"d~'6'0 77~ 'di~e c ting ~!~r i~W ~sS~_'~'&~h~~ 6 f ~le~_~'~% ~i ~ d~ ~g;~~ Ir~ tr{ ~t ing~' ~ ~s~ag~ ~ {~i~i~l~%'~'n~bi~:~ :or Skateboards, and to not ~ccept the streets on these tracts at this time. The motion was carried unanimously. B. CONSIDERATION OF REQUEST BY: LAND DEVELOPMENT COMMITTEE TO REVIEW IMPROVEMENT STANDARDS FOR ALLENDALE AVENUE AS IT RELATES SPECI- FICALLY TO APPLICATION OF ROBERT SNYDER, 18630 ALLENDALE AVENUE (SDR-1334) Mr. Shook, Director of Public Works, explained that ±n/.re- submitting his application for Tentative Map Approval, i~.]-was in lieu of the 40-foot wide improvement ~ 36- ~gdti~ee~ement be constructed, allowing for the full improve- ment across the frontage of not only his. property, but also across the frontage of aLsecond parcel. The matter' has been referred from the Land Development Committee to the City Council for direction concerning this width requirement. 6 ROBERT SNYDER (SDR-1334) Councilman Kraus expressed concern relative to the possibility of bicyclists not being able to see pedestrians along this pathway due to the meandoring of the sidewalk and trees. Councilman Kalb commented that the Cit has purposely re- i~ a curve and ~ dip,'~hd"ft is his f~eling the City"ShoUld apply no less of a standard to this area than it did on the stretch up the road. Therefore, he does not see how the Council could consider not having a full-width street at this location. He commented that having a 4-foot abutment out on the side would cause a drive to go through an "S" type maneuver going through that curve, and standards should be maintained all along the street. ~"C~un~fl~o~n"~CS~rr~{calted she would like to see the Coun&il ~"tM~D~l'~'~i'~l~at it is an attractive area and feels it could be handled with no parking on the side. It was then moved by Councilwoman Corr and seconded by Council- woman Callon to allow the Land Development Committee to accept the 36-foot width, including signing for "No Parking". The motion was carried 3 to 2,'Councilmen Kalb and Kraus in opposition. C. REQUEST BY 'DR. AND MRS. ROBERT'L. DALE, PEACHHILL ROAD, ~OR RECONSIDERATION OF CERTAIN CONDITIONS (SDR-1023) It was moved by Councilman M~tteoni and seconded by C~uncilwoman Callon to ~grant~'!the request of Dr. Dale, substitutingl~- ~'7~ ~'~T~, "Dedicate and. improve Peach Hill Road t6 provide for a'20-foo~ half-street with 13.feet between centerline and flow line, plus 2-foot berm on property side of flow line" for ~_Deferred ImprOvemen.t Agreeme~.~ for the _imp~qvemen~ on Peach .l~Hill ~Road~' d~n~itfon~l ~on-th~ '~e~ui~t ~tbat Dr.. D~i~ improve. ~h~ flare ~into 7j~is 'dri~eway~ ~"he ~Stion was'!~a~ried ~uSly.~ ' - ' ~ - ' VII. PUBLIC HEARINGS A. TO CONSIDER APPEAL OF PLANNING COMMISSION'S DENIAL OF A USE PERMIT FOR'A TENNIS COURT AT 14350 TAOS DRIVE- ALLEN AND GLADYS FONG Mr. Robinson, Acting Planning Director, indicated that this matter had been before the Council on February 15, 1978 as an appeal. The Council had sent it back to the Planning Commission for another public hearing which was held March 22, 1978. He explained that under this particular application, the applicant owns the open spa~e which was a part of that particular "PC", and one of.the conditions of.the original approval was that there be only 15% fencing. He indicated that the proposed tennis court is under 15%. 'He explained that the original reason this matter was before the Planning Commission was the fact that the new recreational ordinance requires that tennis courts in a "PC" district require a conditional use permit. THe Mayor opened the publicZhearing on this matter at 10:04 P.M. Bernard Vogel, attorney representing Dr. and Mrs. Fong, addressed the Council and indicated he would like to formally request of the Council a hearing de novo, in that he would like to offer additional evidence that has not been considered before. This 'is evidence related to the number of lots in the PC area that are fenced, the number of pools in the PC area, evidence as to sale values that have taken place in the PC area as they relate 7 ALLEN'lAND GLADYS FONG (Cont'd.) to the existing tennis court already in the PC area, plus sales prices of other homes near tennis courts in other areas of Saratoga. Mr. Vogel stated there is a finding by the Planning Commission that possibly, a tennis court will affect value of the properties in the area, and he would like to offer evidence to this. He requested this de novo hearing be moved up to the next meeting of the Cotu~cil. Councilwoman Callon advised. that she is not going to vote on this issue since she voted once as a Planning Commissioner on it. Norma Norton, resident of Minodqua Court, addressed the Council. Mrs. Norton commented that she has no objection to having new e~idence presented; howeveri this has been delayed for so long that those people who keep coming to meeting after meeting would like to have some decision made tonight. She indicated the matter was sent back to the Planning Commission, and Dr. Fong did not even show UP at that meeting. At the next meeting when it was continued, the neighbors again showed up and made their presentation, and Dr. Fong again did not show up. Mrs. Norton commented that the neighbors are in a constant state of turmoil trying to adjustltheir schedules to his, and would like to resolve this issue. Mayor Kraus explained that Mr. Vogel has requested a de novo hearing to be held at the next meeting for the purpose of gathering photographs of the area in question. Cornell Speer, Minocqua Court, inquired if the neighbors would be allowed some time to study the new evidence and prepare a response. Councilman Matteoni suggested that any new photographs be sub- mitted to the City Clerk or the Planning Office prior to the next meeting to help facilitate any arguments in opposition. It was moved by Councilman Matteoni and seconded by Councilwoman Corr to continue this matter as a de novo hearing at the next regular meeting of theCouncil on June 7. The motion was carried, 3 to 1, Councilman Kalb in opposition, Councilwoman Callon abstaining. B. PUBLIC HEARING TO DETERMINE IF THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LANDS THROUGH EMINENT DOMAIN PROCEEDINGS - QUITO ROAD/WILDCAT CREEK 1. Resolution 855, A Resolufion of the City Council of the City of Saratoga Determining that the Public Interest and Necessity Require the Acquisition of Certain Lands and Interests in Lands Authorizing the Commencement of Eminent Domain Proceedings - Quito Road/WildcatCreek Mr. Shook, Director of Public Works, explained that as a result of a cooperative agreement with the Santa Clara Valley Water District, the Council has determined that the design as shown on the plans before the counlcil at this time should be followed, and the engineers have been so instructed to continue. The work involves a need to acquire three separate roadway easement- and four flood control easements from the four individual properties involved at this crossing. - 8 - qUITO ROAD/WILDCAT CREEK (Cont'd.) Additionally, the ~W{t~'~'r'~e~l' stream capacity has increased through this culvert~t~ pre~ent'flooding upstream. The City Manager advised that there is one item of correspondence relevant to this issue from Mrs. Cheriel Jensen, 13737 Quito Road, requesting an opportunity t6 speak on this matter. The Mayor then opened.the public hearing at 10:25 P.M. Bruce Mc~'l~ Project Engineer for the Santa Clara Valley Water Di~C~f~t, addressed the council. Mr. M~EiY~advised that the{r board meets o~. a weekly basis, and durin~'~e m~eting the~e is a time for discussion for items.not on the agenda. He stated that at yesterday%s Board meeting, Mrs. Jensen., one of the prgperty owners'involved in this project, addressed the board concerning this project. The board has not been involved in the project since appr~ving the City-District agreement in October Of last year, and therefore, felt they were not in a position to respond to Mrs. Jensen, They asked that staff prepare a report on the status of this project and present this to the board at next Tuesday's meeting. The board further asked that Mr. McCl~sh_~ appear before the City Council this evening regarding the status · of this project, and they wanted in no way to influence the actions of the'City COuncil or to delay the progress of this project. The board ~ecognizeS the relationship between the District and the City over the years, and they wish to maintain that relation- ship. Barbara McNeil, 13715 Quito Road, addressed the Council. She indicated that she Was not informed about the road being widened a tota~ of. 60 feet',~and she has a lot of concern about this, one being safety. M~McNeil stated that when she turns into her driveway~ffrT~t'~'~i~ i ~ ~7~ '~0~,'~r~,~-~i06R~-~ln ~-~h~/&~.7~'~ror 'becaus~'~oftenti~S~e~p'~'~'=g~g ~ 'f~t th~f~they -. 'd~6~ realize som~.one is!about~to stop. She indicatled'there have been~ se~era.l' acCi~dents in front of~her home becausep&ople have not seensomeone'signaling to stop'.* IIt was her feeling if the City widensth~s.road, thiswillincrease accidents,'in that when there is~a wider road', people tend to Speed, irregardless of the speed limit. . " Ms. McNeil stated she has two children whose access to school and to their friends' houses is'via Quito, and although 'the City would be allowing access of 10 feet on each side, she believes the ' traffic speed will definitely be increased and will be a danger to her children. Also, envirOnmentalwise, the trees go~ .Also~,L her younger son and classmates are concerned about the creek. With regard to the accidents which have occurred on the bridge, Ms. McNeil pointed out that most of these people h~ve been very drunk, and fortunately, there have not been any severe injuries. It was her feeling if the creek is filled with concrete, if a car does go off, there is going to be quite a bit of injury. Also, she commented that the pollution factor is going to increase, and the whole environment is going to change, the property value will drop, and safety will be affected. Therefore, she advocates the Council not advocate widening the bridge and put in the con- crete at the creek, and she also urges that the City not widen the street. Cheriel Jensen, 13737 Quito Road, addressed the Council. She stated that she'fe~lst~he mhst~,ask~the~_Council tonight not to confiscate her property, and she feels no matter what price the City paid because her safety is.not worth any price that could be paid. - 9 - QUITO ROAD/WILDCAT CREEK (Cont'd. Mrs. Jensen commented that she has just recently been in two very severe accidents, and she had her back crushed two years ago. She was hit on Hamilton Avenue and had a chest-rib separation and shoulder separation, and has never recovered from those acci- dents. Therefore, her safety iS not going to be purchased. Mrs Jensen indicated that the design as proposed is both against the original intent of the project itself and it is specifically against her own safety.. She explained that this area is a low point, and there are two high points in the landscape -- one at the railroad bridge and the other at Allendale Road. People who exit from her driveway cannot see beyond those two points. This is not due to the fact there are trees there., it is due to the fact that the land is a certain elevation and will always be that way and is not correctable by an engineering solution. She stated she has 620 feet of vision to the railroad bridge and~625~tz~r~ ~'~X!lendale from her driveway., If the traffic moves at [he hatural 'speed of a 60-foot right-of-way and a straight road, it is well known that it will move at a. natural speed irregardless of the speed limit, and she would expect this speed limit will be above 45 miles-per-hour. The speed limit currently on that road some- times goes at 25 miles-per-hour and sometimes goes at 35 miles-per- hour. She commented tha~ when Allendale is servicing West Valley Campus, people going into the campus a~e backed Up beyond her bridge at, the light at Allendale. She s'tated the light at Allendale is the bottleneck and not the bridge, and if the City is Crying to relieve conjesti0n, this will not improve that situation anyway, because Allendale stops the traffic. She further.stated that those exceeding the speed limit will be ~hose driving in the right-hand side of that lane. Mrs. Jensen stated that if the traffic~ove~a~"~i~- ....... ~"~' per-hour, she ~s enter u_uito ff the traffic iS ~l~'~r f~'c'lear at the light on Allendale. ~en the widening ~is completed, the traffic will p. robably be moving at 45 miles-per-hour, and at this speed, she would have 9.4 seconds to complete the turn~h8 Quito. Testing the current turning radius from the edge of her ~riveway, ~uSing a compact car with a V~8 engine with power steering, it takes 9.6 seconds from the stop at her driveway to enter the moving lane going south. With the new design, she is in jeopardy at every single, turn she makes, even if the traffic is completely clear in both directions. Additionally, Mrs. Jens~n stated the Cit~s proposed moving the creek toward her property and making this 'turn much tighter. Also, she will have to stop at the edge of her driveway in order to move out onto the road. Therefore, in addition to making a tight turn, she will have to travel at least an extra t0~feet. Mrs. Jensen stated that the severe public and private injury that will ensue with this project as proposed is enough. reaSon to stop the project right now. Further, she co~ented that this particular taking of her property would'not be necessary if the design was property protective of her safety and if the project confoxed to the City's o~ adopted policies. For example, it would violate the Tree Ordinance, the intent of the Grading Ordinance, the intent of the City's General Plan, particularly the open space element. Mrs. Jensen stated she believes if the public has not had a chance to evaluate this environmen. tel assessment, the Planning law cannot properly be addressed because the public has not had a chance to have any input whatever intq that process. - 10 QUITO ROAD/WILDCAT CREEK (Cont'd.) c She advised that she did go the the Water District Board Meeting Tuesday morning, and they had not been aware that there was a serious design flaw in this project, and ~hey are going to be reviewing the details.at their next meeting. M~s. Jensen indicated she was told by the Water District Board that they would not participate in the project unless they were completely satisfied with the environmental factors as presented. They had not seen the assessment, and Mrs. Jensen felt any decision on the assessment this evening would be premature because the participating agency hasn't had a chance to review the assessment. She further commented that this project as designed is a total waste of taxpayers' money, and is against the public interest, as it is not necessary to use a double safety factor. ~ ~S~. Jensen further advised that the two property owners affected have not asked for any help, and they realize what the flooding potential is. Therefore, she felt that using Northcentral Zone Water District funds for the purpose of this flood protection is as immoral as if it were City funds being used. Mrs. Jensen commented that she believes the loss of environmental quality is a loss to everyone on Quito Road and the entire neighbor- hood. Further, this area is in constant use by the neighborhood children, and it functions as a pathway to the College. They have never restricted access by people using it as a natural path. She indicated that if this project were implemented, the natural entry point to the creek would cease to exist, and the only way people 'd~'i'~go into the creek is the area where Mrs. Jensen's home i~Tand therefore, it would become totally inaccessible. ~M~ Jens~tated that as proposed, this design makes no con- sld~t'io~o~ the valhe of the very old, very large tree that is very rare. She further stated that even the proposed project, if the City did carry out th~ design, would not require the extensive easement proposed. She indicated she has proposed to the engineers the proper location for this project which would not disturb the natural.environment, and she has also offered to dedicate the easement necessary to carry out this particular project, without cost. She urged that the city engineers be directed to propose a design using the channel as it has naturally widened itself because of the structure that exists and the way that structure has forced the creek to act, and asked that the project be carefully designed for safety, respecting the natural environment Councilman Kalb addressed Mrs. Jensen's comment that it took her 9.6 seconds to make the turn outsonto the road, and he asked why it took her that long. ~.~. Jensen replied that there currently is a very tight turning radius from her driveway; this does not necessarily have to do with the railing obstruction, but it is tight both directions. Mr. Kalb indicated that it seems to him that the primary limitation in the ability to turn a6 this location is the bridge abutment which the City is proposing to remove and move back. Mrs. Jensen replied that thi~ abutment is very tight, and even with the re-design it will be very tight, and to say anything else is simply not true. There has to be something to demarcate those differences in elevation. She indicated that the restriction is not with the turning radius per se; it is the fact that she has a..limited time to move out because of the lay of the land. 11 qUITO ROAD/WILDCAT CREEK (Cont'd.) Mayor Kraus asked if Mrs. Jensen's problem in moving out caused by the narrowness of the bridge. Mrs. Jensen replied that even when she moves out in the other direction, there is still considerable problem in moving out onto Quito Road, dueto the fact ,she is at this low point. · Councilman Kalb ~sked Mrs. Jensen what limits her from moving out in less than 10 seconds,z as it would seem to him the major items are the abutment and the width of the road in that area. Mrs. Jensen indicated ~here will still be an abutment -- she will be able to swing a somewhat wider turn, but she will have more distance to go, andit will still take her some time to get out there. Moving the abutment closer is going to increase the hazard unnecessarily. Councilwoman Callon asked if when Mrs. Jensen presented her information to the Water District, she showed them her engineering plans. Mrs. Jensen replied that she. did not have a chance to do th~s, and hopefully next week, the description and the process can be made clearer. Councilwoman Corr idicated that she recalls expressing to Mrs. Jensen the fact that the City's engineering staff felt the design as presented by the contracted engineers was the better plan to handle the situation. This was backed up by the Water District engineering staff. Therefore, she had been hopeful the Water Districf engineers would look at the issue of over-engineering the creek. Councilman Kalb comn~nted that considering the fact that there is still to be development upstream of this creek, he would rather see it over-designed than under-designed. It.was thenTmoved by Councilman Kalb and seconded by Councilwoman Corr the public hearing be closed. The motion was carried. The public hearing was closed at 10:54 PoM. Councilwoman Callon indicated she would like to see the report back from the Water District prior to acting on the measure. Councilman Matt~oni indicated it was his understanding the Board was going to look into it, but at the same time, the Board was nqt requesting anX delay in action by the'CounCil -- only to be briefed if anything~new came.about which would change the engineering conSideratiOns previously analyzed by the Water DistriCt consulting engineer. 'Therefore, he would be inclined to take action tonight. It was then moved byCouncilman Kalb and seconded by Councilwoman Corr~to accept thp negative declaration for thiS_proj~,ct, an~ to adoDt Resolutiop~55 ~ ~'a:~m~difi~t~on 'i~'~ec~fo~ l~f6 ':ad~Z the !l~*~'-'~'~'d~0~i~'~'~~ ~0~i~' was carried' '~ t~'f~ =~o6ncilwoman VIII. ADMINISTRATIVE MATTERS · A. MAYOR B. COUNCIL AND COMMISSION REPORTS l. Councilman Matteoni - Rep6rt from I.G.C. relevant to the issue of the Criminal Justice Board being advisoryzto the 12 - COUNCIL AND COMMISSION REPORTS (Cont'd. Board of Supervisors. The vote was 10 to 5, 2 abStensions, in favor of an autoncsousboard. Requirement was 12 permanent votes. Substitute motion was to report the vote in any event. LZ='~CouncilwomanCallon - Report Re: Flood Control Advisory Board Meeting. Reviewed a recommendation to the Water District Board to reduce the tax rate in the amounts that are excessive, based on increases in assessed valuation, either by using reserves or cutting the budget to meet the tax rate. Also added the definition of Prospect Creek in this year's planning program, and pointed out very strongly the flooding problems in this area. 3. Councilwoman Corr - Reported Re: Meeting of Sanitation District No. 4, the request for extension of services to the Overlook Road area. This matter will be coming back before the Council, due to a new proposal which took the sewer line through property of those people who wanted the sewers, removing it from Ravine Road. Also considered a question of whether the Sanitation District Board would approve an extension of their district into an area that the City was not going to annex. The Board questioned whether the City had the option of waiving that annexation. 4. Councilman Kalb - Reported Re: City Planning COmmission Meeting. Expect items of appeal with regard to corral setbacks, and also the issue of development at Saratoga-Sunnyvale Road/Prospect. Also, met with residents in the Arguello area with regard to some of their concerns. Expressed concern regarding the possible inadequacy of the pipe under the land at the corner of Saratoga-Sunnyvale Road to carry floodwaters. Mr. Shook indicated he met with repres'entatives of the Water District and the Fremont School District/Parker Ranch area, and there is an intent to run a replacement culvert or parallel line through that property. C. DEPARTMENT HEADS AND OFFICERS D. CITY MANAGER 1.Report Re: Present Feasibility of Village Parking District No. 3 The Council concurred in the staff's recommendation to con- sider proceeding with the formation of Parking District No. 3 at the next regular meeting on June 7. Agreed to set up a tentative meeting time '~U~n~t~-i fifth '~k. _in ~ with ~ the property owners of the affecte~ area. 2. Report Re: Revenue and Expenditure Report through March 31, 1978 Advised that it is expected to end the fiscal year with a carry- over of between 3 and 4 percent in the operating budget. 3.~'Annual M~0~i~i"b~ Ceremony of Foothill Club It was moved by Councilman Kalb and seconded by Councilwoman Corr to approve this activity on May 29th, and coordinate street closure with the Sheriff's Department. The motion was carried unanimously. - 13 IX. COMMUNICATIONS A. WRITTEN 1. Paul Sager, Assistant Executive Officer of the Local Agency Formation Commission, requesting response re: petition from residents of Revine, Glen Una, Canon Drive and Overlook Drive, concerning disinclusion in the Saratoga urban Service Area. The City Manager advised it is planned to bring this back before the Council sometime in November. 2.~e~ ~6~i~f La Belle from Mr. R. Conklin, Superintendent '!gf7d~h~F~ows ~ome of California, congratulating Sheriff's Department for the excellent service given in an emergency situation. - Noted and filed. 3. Reverent Msgr. James F. Maher, Pastor of Sacred Heart Church, requesting the City to fence off its side of the creek~ Referred to the staff for'a report back to the Council. 4. Mrs. DOrothy L. Harris, requesting a traffic signal be put in at the intersection of Prospect Road and JohnSon Avenue. 'The City Manager explained that one year ago, when the Capital ,Improvements Program was approved, there was a traffic signal scheduled for the '78-'79'fiscal year. Since that time, there has been a traffic analysis of the city's 25 major accident locations, and this location is not considered to be of a high priority. Also, a portion of this intersection is in San Jose. Councilman Kalb commented that 5 accidents in 5 years would seem to be quite high for.what he considers a relatively open intersection. Mr. Shook explained that of 'these 5 accidents, 3 of them occurred entirely on the ~astbound lanes and had nothing to do with the intersection per se, and additionally, there were rainy conditions. Therefore, this is not adequate to meet the accident warrent for a signal. He advised that the City is in the process of trying to determine what the priorities for signals should be within the cit~ and are hoping to get 'this informatin back to the Council so that the Capital ImproVement Program can be set up on a rational priority basis. The City Manager suggestedif the Council wishes to consider this matter further, it. ~o so within the context of the Capital Improvement Program when it is submitted. 5. Mr. William Chao, 20154 Knollwood, re: proposed development for commerdial establishment~ near the corner of-Prospect and Saratoga-Sunny~ale Road. This item'is currently before the Planning Commission, and will be m~de a part of the file on this issue. 6. Todd Donovan, t3045Ten Oaks Way, requesting the City pay for his bicycle that was stolen at Saratoga Community Library. It was moved by Councilwoman Corr and seconded by Councilman Kalb to deny this claim and refer it to the City's insurance carrier for consideration. The motion was carried unanimously. 7. Mr. Harold Wieder, 20175 Knollwood Drive, re: proposed develop- ment for commercial establishments near the corner of Prospect and Saratoga-Sunnyvale Road. - Before Planning Cormnission _ currently. - 14- WRITTEN COMMUNICATIONS (Cont'd.) 8. Mr. Richard. N. Simonsen, 13833 YerbaSanta Court, req.uesting the City replace some of the materials used to build the ~a~rat~oga .C..ormnunity Library. - The City Manager advised that ~_t-lh&%~rafl~s used are galvanized and have not rusted; rather, ~h~~ ~e~$o6a is "bleeding"j, giving this effect-. He indicated he would respond to Mr. Simonsen in this regard. 9. Mr. Chris Christiansen, requesting traffic signal at th~ inter- section of PrOspect Road and Johnson AVenue. (see correspondence #4,. Mrs. Dorothy L: Harris) 10. Mr. Don Prather and Ron Vielicka, requesting the City Council reconsider its position re: Sanitation District Annexation in the Littlebrook-Ravine Road area. - To~be considered on June 7. 11. Barbara Campbell, County Librarian, informing the city of the immediate .impact Proposition 13 will have on the County Library Department. - Noted and filed. 12. Ms. Judith McCorkle and Ms. Barbara Ann Power, requesting" a .traffic signal be installed at the intersection of Prospect Road and Jo-nson Ave, (see correspondence' #4, Mrs. Dorothy L. Harris) 13. Mr. Alan R. Pinn, Pinn Bros. Construction, Inc., requesting .the City substitute its contract and bond for those of Hagan ,~_~_~-~'7 Construction and Development Company. It was moved by Councilman Matteoni and seconded by Councilwoman Corr to approve(~_~'fa'-~ub's'~'{~{~ll'On of bonds. The motion was carried unanimous ly f ~.~ ~;-I I, ~. 14. Mr. Steve T. Sherick, 14133 Sobey Road, re: abandonment of the easement on Sobey Meadows Court. - Noted and filed. 15. A letter to the Planning Commission from Ms. Susanne S. Mallory, 12258 Kirkdale Drive, re: proposed development for commercial establishments near the corner of Prospect and-Saratoga- Sunnyvale Road. - Before Planning Commission currently. 16. Mr. E. F. Meagher, President, Northwest Saratoga Homeowners Association, re: appeal of the Planning Commission decision approVing the Environmental Impact Report for Foothill Development Corporation, Prospect and Saratoga-Sunnyvale Road. City Manager. to respond advising the correct process relevant !~to~'fiii~g of ~'Ueh>appeal. 17 Mr. and Mrs. Bob Chleboun, 14155 Sobey MeadOws Court, re: abandonment of the Sobey Meadows Court easement. - Noted and =z'. filed. 18. Mr. and Mrs. GOod, Mr. and Mrs. Cole, and Mr. and Mrs. Silacci, requesting the Westgate Upholstery Shop be allowed to stay in business at its present location. Continued for further review and consideration at Committee of the Whole Meeting. 19. Mr. and Mrs. Phil Young, 15101 Pepper Lane, requesting the City Council modify the Subdivision Ordinance relevant to 50 percent improvement requirement. - Continued for discussion at a Committee of the Whole Meeting. 15 - WRITTEN COMMUNICATIONS (Cont' d. ) 20. Mr. Russell L. Crowther, 20788 Norada Court, requesting that the City Council respond to h~s April 30, 1978 letter. Councilman Kalb indicated he has discussed this with Mr. Crowther; City Manager will follow up in writing. 21. Ms. Barbara Carpenter, Mrs. Jackie Welch, Ms. Alice Kraemer, and P. J. Pasetta, urging the City of Saratoga to continue funding the Saratoga Community Garden. - Noted and filed. B. ORAL COMMUNICATIONS C. ACKNOWLEDGEMENT OF PUBLIC GROUP REPRESENTATIVES The Mayor acknowledgedtthe"presence of the following group representatives: Stan Marshall, Saratoga Planning Commission Rudolph Kanne, Good Government Group X. ADJOURNMENT It was moved by Councilman Matteoni and seconded by Councilwoman Corr the meeting be adjourned to an Adjourned Regular Meeting on May 30 and May 31, for the,purpose of interviewing applicants for the Planning Commission vacancy. The motion was carried unanimously; the meeting was adjourned at 11:50 P.M. Respectfully submitted,