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HomeMy WebLinkAbout10-18-1978 City Council MinutesTIME: October 18, 1978, 7:30 P.M'. PLACE: Saratoga City Council Chambers 13777 Fruitvale Avenue AGENDA/hlINUTES SARATOGA CITY COUNCIL AGENDA ACTION TAKEN I. ORGANIZATION ORGANIZATION A. ROLL CALL Councilmen Present: 'Corr, Kalb Matteoni, Kraus Councilmen Absent: Callon (arrived 7:35 P.M.') B. APPROVAL OF MINUTES M/S: Corr/Kalb to approve minutes .~ of October 4, 1978. Carried ' unanimously by voice vote. II. CONSENT CALENDAR CONSENT CALENDAR A. CALIFORNIA CONSERVATION Request for removal of items CORPS PROJECT D, E and F.from the Consent Calendar. B. CONSTRUCTION ACCEPTANCES 1. SDR 1274 - Sperry Lane, M/S: Corr/Kalb approval of the Consent Calendar, with the' Dan Antovich exception of items D, E and F. 2o SDR 1264 - Pierce Road, Carried unanimously by voice vote. Pestana 3.SDR 1269 - Montal~o Road, Markulin 4.SDR 1321 - Worden Way, Barrett-Hibbard D. AGREEMENT WITH SARATOGA COMMUNITY GARDENS, INC. E. APPROVE EXPENDITURES OF FUNDS FOR A FINAL ACQUISITION FOR QUITO/POLLARD ROAD INTER- SECTION PROJECT F. P~SOLUTION 432.1 '~ A RESOLUTION OF THE CITY OF SARATOGA AMENDING RESOLUTION= NO. 432, CREATING 4-YEAR FOR PARK AND RECREATION' COmmISSION ME~ERS · G. PAYMENT OF CLAIMS H. CITY TREASURER'S REPORT I. CITY CLERK'S FINANCIAL REPORT AGENDA " ACTION TAKEN ~I-II~:I-TF2IS~CONS~:DE~=~E~P~A~ELY ITEMS CONSIDERED SEPARATELY D. AGREEMENT' WITH SARATOGA Kalb: Inquired if City would. con- COMMUNITY GARDENS, INC. tinue to receive benefits as before with the Community Garden~ agree- ment. Director of Community Services: Agreement is simply a re-statment of the agreement changing the amount of funds contributed. E. APPROVE EXPENDITURES OF Kalb: Questioned if there is a FUNDS FOR FINAL ACQUISITION need to buy this additional land. FOR QUITO/POLLARD ROAD INTER- Director of Public Works: Improve- SECTION PROJECT ments were constructed~i~'h idea that City would n~ti~te'~e~' right-of-way acquisition to completion at a later date. F. P~SOLUTION 432.~ - A Ci'ty Manager recommended modifi- RESOLUTION OF THE CITY OF cation to provide that terms SARATOGA AMENDING RESOLUTION appointed in 1977 be extended to NO. 432, CREATING 4-YEAR TERM 1980, and new appointments to FOR PARK AND RECREATION 1982, and 4 years thereafter. COmmISSION MEMBERS M/S: Corr/Kalb to approve items D and E and item F as modified. Carried unanimouslyby vo{ce vote. IV. BIDS AND CONTP~CTS : BIDS AND CONTRACTS A. REPORT ON BID OPENING FOR Continued to November ls~'~'ting. SOLAR SPACE HEATING PROJECT- SARATOGA COMMUNITY LIBRARY V. PETITIONS~ QRDIN~NCES/FORMAL PETITIONS, ORDINANCES, FO~t RESOLUTIONS RESOLUTIONS A. ORDINANCE 60.5 M/S: Corr/Kalb to introduce .' Ordinance 60.5 and waive the AN ORDINANCE AMENDING reading. Resolution 877 to be ORDINANCE NS-60, THE SU~- considered at the time of second DIVISION ORDINANCE OF THE ordinance reading. Carried CITY OF SAPSTOGA, BY ADDING unanimously by voice vote'.. 'SECTIO~ 27 TO ARTICLE'3 RELATING TO AN ALTERNATE PROCEDURE FOR SIGNAL SITE APPROVAL NOT INVOLVING LAND DIVISION, AND AMENDING SECTION 21 TO CONFORM~~' , THERETO ~' ~ * ~ 1. RESOLUTION 877 A RESOLUTION ESTABL!SH~ ING CRITERIA FOR~DIF~D CONDITIONS OF SITE APPROVAL - SECTION27, ORDINANCE NS-60 B. A PETITION FROM THE RESIDENTS City Manager recommendation and OF VIA REGIN~ REGARDING WA'IE~ Council concurrence to continue' I~PROVEMENT PROJECT 1978-1 until Council considers formatioh of the project. Office to send out- line of proceduresin dfstrict formation to: David LarflS~ess 21786 Via Regina. ~"'~ 2 AGENDA ACTION TAKEN V. PETITIONS, ORDINANCES, FORmaL RESOLUTIONS (Cont'd.) C. PETITION FROM RESIDENTS Followed City Manager's recomn~ndation ON HILL AVENUE AND BONNIE to refer request to staff for re- BRAE CONCERNING INSTALL- view and report at November l meeting. ATION OF STOP SIGNS AT HILL AVENUE AND BONNIE BRAE LANE D. RESOLUTION 878 M/S: Kalb/Corr to adopt Resolution 878. Carried unanimously by voice A RESOLUTION OF APPROVAL OF vote. THE CITY OF SARATOGA CON- CURRING IN THE AMENDMENT TO THE SOLID WASTE MANAGEMENT PLAN FOR SANTA CLARA COUNTY TO INCLUDE THE TIMELLI BROS CLASS I TRANS- FER STATION AT 326 PHELAN AVE., SAN JOSE, AS A SPECIFIC FACILITYSITE E. RECOmmENDED STREET NAME ~'C~116~:' Pr~en~ed"f~t~from Mrs. CHANGES (Cont!d. 10/4/78) ~Long.,. 14215 D6ugi~s L&n~7'urging name cha~e on east-west portion 1. Resolution No. 874 - A of Douglass to Bonita Avenue. Also, Resolution of the City presented petition signed by residents of Saratoga Changing of DouglaSs approving name change. the Name of Douglass lane to Bonita Avenue Mary Lahann, 19516 Douglass Lane,. pointed out residents on oortion of 2. Re~olution No. 87,5 --A Douglass affected by this change Resolution'of the City have not been notified -7_~request of Saratoga Changing initiated by residents~o~ ~e o~he~ .-I. the Nam~ of Padero Ave. ~[i9~ Of Douglass. to Chiquita Way Council concensus to continue 3. Resolution No. 876 = A Resolution 874 to meeting on Resolution of the City November 1, 1978. of Saratoga Changing M/S: Corr/Callon to adopt Resolutions the Name fo Jim's Way 875 and 876. Carried unanimously to Lexington Court by voice vote. F. RESOLUTION 879 M/S: Corr/Kalb to adopt Resolution 879. Carried unanimously by voice A RESOLUTION OF THE CITY vote. OF SARATOGA CO~xi~ENDING PAM HOOK G. RESOLUTION 878 M/S: Callon/Kalb to adopt Resolutio~ 880. Carried unanimously by voice A RESOLUTION OF THE CITY vote. OF SARATOGA COMM;ENDING SUPERVISOR SIG SANCHEZ VI. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS ZONING REQUESTS None. AGENDA ACTION TAKEN VII. POBLIC HEARINGS s PUBLIC HEARINGS A. TO CONSIDER THE APPEAL Planning Director outlined the OF PLANNING COMMISSION purpose of an EI-R. Advised that DECISION BY MR. JOHN WEIR Planning .COmmission on June 28, i978, AND MR. CHARLES HUNTER certified the final ~IR as being a RELATIVE TO ADEQUACY, OF complete adequate document, and FINAL EIR FOR TENTATIVE acknowledging the fact that the-'pro- MAP (SD 1339) ject would have a significant impaet on the environment. Appeal before the Council deals with the adequacy of the EIR. Outlined options for Council action this evening, Mayor opened public hearing at 8:23 P.M. John Weir, 12343 Arroyo de ~rguello, addressed the Council. Advised that he appealed the EIR for the following reasons: 1) Itlis a major project, and this is an opportunity for the City Council to examine the final EIR on the Parker Ranch and determine for itself if it was adequate. 2) It is factually wrong -- ~ata base should be correct before finding a project. The same developer and organization has prepared EIR's twice, and they both had to be re-done because factual contentI~in many cases, was in error. Referenced response to ~-Ir. Santoriello's request re: data on injury and non- injury accidents on the streets ' affected. ENVIROS firm supplied 1975 map, selecting a year of low accidents in Arguello, when in fact last year, there were five accidents at the Norada Court intersection. Indicated that in all five cases, individuals involved were not resi- dents of Saratoga. Suggested to be complete, they go back four or five years, rather than selecting. a year that looks like the accident rate is rather low. Flooding:. Referended illustration of culvert underneath railroad tracks and.entrance into Norada Court and to the 36-inch pipe under the road at Arguello. This drain joins the culvert at the point where the culvert makes a left-hand turn to work.its way under the railroad tracks. This creates turbulants which has the effect of restricting the flow.in the culvert. VII. PUBLIC HEARINGS (Cont'd.) A. TO CONSIDER THE APPEAL OF the railroad tracks in previous years PLANNING COMMISSION DEC{SION~ over the Calabazas Creek culvert, BY MR. JOHN WEIR AND MR. and not ~the Prospect Creek culvert, CHARLES HUNTER RELAT!~E TO and he would like to have some ADEQUACY OF FINAL EIR FOR evidence to this statement. TENTATIVE MAP (SD 1339) ......... o _-~:~ ..... '~'~ ..... (Mr. Weir cont'd.) <'Statement inzEIR which'stateS tha~t The storm drain since at least 1970, ~j~P~o~pe~.~eek peak occurs-~a~pr~- has been full to 3 or 4 inches above ~ ~atelY~'~8'ho~rs after-~ra~f~ll the top of the creekI. on a number of commences, occasions, he has seen it higher than the storm drains will sDe~d'r~n~-off the culvert itself. Mitigating causing it to pass.through ahead of the peak. measures suggested construction of a berm to a height of 3 fee~!~o move He referenced a statement from the flow of water from the Parker "Man and His Physical Environment", Ranch through that cul~7~ This indicating that-the ~.'r~6f~ would result in 4 feet of water on ~.7'i~c~s~ ~s.a'.~cent ofl'~he af~ the street in the Arguello area. EIR i's"imp~Vi~h~ and a percent of the indicates that Santa Clara Val. ley area is served by storm sewers, or Water District is currently re- ~un-off increases as the lag time calculating these figures; however, for the water to run off the hill there is presentlz .no data in the EIR. ~ecreases. ~M~ir's feeling Suggested as a mitigating measure: that putting storm sewers in will to dredge the creek giving a better increase the peak and not improve capacity to move water along and pro- the situation. tect the property. The EIR recommends as a modification .Environment: Increases environmental measure to require Santa Clara damage and safety hazards, compared Valley Water District to re-grade to the previous plan, and it should be Prospect Creek. Water District? pointed out in the EIR. City should states that it has no funds nor carry out an area-wide cumulative jurisdiction to do same. Mr. impact evaluation considering compre- Weir's feeling that the EIR should hensive evaluations on all inter- provide alternative solution_to related development plans, rather place responsibility upon the than piecemeal fashion. developer. Questioned proposedmitigating ~masures with regard 'to flooding problems, i.e. The EIR incorrectly ignores the raising of railroad tracks to prevent. zC~V~r~f~Element of the General flooding on the north side of Prospect Pi~ Creek, without prior S.P. concurrence. Traffic: The EIR is inaccur~"~: The EIR mentions the 100-year flood incomplete~in that it assumes. water that could flood the int.er- traffic will not short-cut thro~h section of Arroyo de Arguello and Hillmoor~. and ignores the bottle- Norada Court. He indicated that such neck at Stelling Which will force flooding has occurred every year, westbound traffic to use Arroyo except for 2 drought years. de Arguello and Hillmoo~. It implies a very small increase in The EIR acknowledges the flow through number of cars, as this will be a .Prospect Creek culvert under Arroyo' convenient path over to the Pierce de Arguello and Southern Pacific Road area. Appears that traffic tracks as the dimect cause for data is out of date. flooding on Norada Court, and Arroyo Scenic impact: Referredto a state- de Arguelio proposed mitigation ment in the General Plan, which says: measure of diverting more flow into "Protect the rural quality of the Prospect culvert would cause Saratoga through street design and flooding to be worse. landscaping, and strive for The EIR erroneously indicates the aesthetically pleasing views from all roads in Saratoga and the sphere cause of the water level being above of influence." This~affects~.the scenic view residents. - VII. PUBLIC HEARINGS (Cont'd.) (Mr. Weir cont'd.) A. TO CONSIDER THE APPEAL OF The EIR claimed it could not con- PLANNING COMMISSION DECISION sider the .Northwest Circulation Plan c BY MR.~J~W~%R~K'N~Z~/B "because it wasn't ready when the CHARLES'HUNTER ~tiELATIVE~TO developer's application for this ADEQUACY OF FINAL EIR FOR project was filed". It was his TENTATIVE MAP (SD 1339) recollection that the plan was ready by February or March, and (Mr. Weir - cont'd.) should have been considered in this c'~'I'~d'6~i~g~'=~'~g~g~%l~"~'%~'EIR. Suggested the study be con- ~&~lypt~"~r0v~.dueFo c~tting '~/Yr~oh;~ ducted over a 24-hour period. affecting scenic quality. In reference to the public facilities, the EIR States that Hoover School is ~i"~e~i~gg~:Appears that numerous q~stiom not under study for future study, were not answered~iduring hearings with and this is incorrect. Further, it the Planning Co~ission. states that bus service is guaranteed, and it is kno~ that the bus service Kalb: One of the areas Mr. Weir- has been cancelled and only parts of references is the area along~ospect it reinstated this year. Creek, which has been eliminated; ~ however, there~f~8~n~dl~{~:' ~ Referenced figures 5 and 6 of the :f~h~{~'i~-the~~d~.- .... "'---~ traffic study relating to traffic .... ~ ,impact. Discrepancies lead one to Weir: :EIR acknowledges that swiping doubt the data on which the traffic pools, walls, fences and tennis- study is based. courts are petitted, but does not evaluate the scenic and environ- Suggested adding to the list of mental impacts of these features, ~nd EIR adverse impacts flooding of felt the environmental impact should homes on Arguello, Norada Court be assessed. and Via Roncole. Additionally, possible fatal accidents near ~[°~ol~e:'~yRl~~ Norada Court Arguello and Via nowl~dg~S ~hat-nois~ , 'l~i"is~lr~dy ~bSVe~fi ~0me-'a~e~ Roncole. Also, futher destruction the city and ~eneral Plan standards -- of the rural character of the city, incorrectly proposes that making higher costs to eity, Fire District, these conditions worse is not incon- and Flood District for supporting sisrant with the Ordinance or General services. Plan. Requested the Council use their The EIR has an emergency access road letters, and allow them to use new serving several' homes, and a wood 'co~ents resulting from this dis- barrier with a note with a plan for cussion and'Planning Co~ission a future road is placed along this responses to achieve a doc~ent indication of a road for emergency which can confidently be used to access, which allows the use of non- evaluate the development plans and standard emergency access road. ~rrive at asafeand'sane tentative map guided by honest facts. The EIR suggests that the storm 4~ drainage fee from the Parker Ranch Mr. Thompson, 12516 Arroyo de~llo, and other developments should be ~d~scussed traffic and flooding prob- utilized to place the culvert under lems at the upstream end of Arguello, Arroyo de Arguello, since the Parker at intersection of Kreisler Court and Ranch contributes an i~ense amount Arguello. Suggestions to build of the extra waterr and we need a pn driveways; however, :wat~r~ft80 ~'kl~ ~o' .hfg~'th~bYil~i~-g~'~ft .-=- -'= solution now, not at a la.ter date ~i%~waya ~ ~ot ~b~{~[o' solve when 3 or other developments canbe - 6 - ~.'~=~;V,~%. PUBLIC HEARINGS (Cont'd.) ~ A. TO CONSIDER THE APPEAL OF Ranch being put in, Krei~ler Court PLANNING COMMISSION DECISION will become a river. EIR is~e~=~ BY MR. JOHN WEIR AND MR. pletely inadequate when it comes CHARLES HUNTER RELATIVE TO for provision for water drainage. ADEQUACY OF FINAL EIR FOR TENTATIVE MAP (SD 1339) Mrs. Stevenson, Rolling Hills Road, addressed the problem of chronic (Mr. Weir - cont'd.) obstructive or restrictive lung Thompson: Obvious that the EIRReport disease re~s~!ting from smog and is proceeding from inadequate data ~i~c~ea~d d~v~opment patterns. and has not seriously addressed the Also, prob'lem~f water and elec- real problem. tricity shortage, and she is trying to figure out the rationale for Pete Julicher, 12538 Arroyo de Arguello,' adding thousands of more houses. re-emphasized there are problems She has no objection to Parker without any~_jd~elopment in the Ranch being subdivided Within the hills/.-I~Furthe~'cor~mented re: in- philosophy of D~'.~"Do~ jose Albertine, accur~i~s~'inc6~plete information who subdivided~ R~lli~g'Hill~ Road. in the EIR. This takes into account the slope of the land, slide areas, run-off. Hugh Pease, 12494 Arroyo de Arguello, She objects to trying to cram so indicated interest in the traffic many houses into an area which study andiagrees with Mr. Weir's she does not feel can take it. comments. Indicated that he runs "Our only hope is the elected ~etween 6:15 and 6:45 A.M., and officials of Saratoga -- we don't passes the same 10-cars, which have the millions that the sub- are coming through from Pierce dividers do to fightsthis." Road and beyond. Secondly, the water coming in over the curbs is 'Mike Chan, 2145~ Arrowhead Lane, new -- since the developments on indicated he has observed most Hillmoore and Verdemoor. His people take Stelling going to and home is now flooded up to,~6~n~"~ from work'. With the stop of the ~_~'~r the level of the flo~ '~' busing, many parents h~ve to drive ~'~lieve this should be Iooked ~e~ kid~ to school, inCreasing traffic fore proceeding. down Stelling Road. Questioned if ' the EIR has taken into consideration Robert Mandel, 12472 Arroyo de areas of Stelling~andlRainbow, Arguello, commented that flooding Stelling and McClellan, Buckhall issue is a very important one and and Rainbow,. Bucknail and McClennan. Someone should study number~of EIR is inadequate on that score. accidents~and~tra~i~.~at~n~.i~ Early in 1970's, they had flooding this area off 0~ ~Spect'Road.~~' once or twice per year. Ground Also, he has noticed, particularly becomes covered with 1/2 to 1 during weekends racing up and down inch of extr~melyj~li~_rk2_~n~j~-~ooding the hill and this will be multi- results in propert~'~a~"~d~ ' ' pl~'ed with additional development. ship,.and safety hazard. In- Important to look at complete adequate drainage on Arroyo de picture of development to see how Arguello -- water backs up onto it is going to affect the city. the property and over the driveways. .~= SandbagSing or building up the ~-~ed~'~Y~85 K~e~Ie~_C~6rt, driveways with concrete does not q~r~t6~M~.~ ~eir"s CbY~'~~' help. He has not yet heard dis- re!" traffic projected o~ Via Roncole. cussed the legal liability for Commented that one of the primary all of this flooding.. Some very motives for having a through street -serious errors have been made on from Hillmoor and/or Kreisler Court the street, and appears we are over to Stelling Road was to have a headed for more errors, per the road parallel to Arguello to divert EIR. If all mitigating measures traffic from the Arguello and Via proposed were implemented, it Roncole area. Sugges.~dI~h~~l might do away with current prob- ~d~c~68~r~B~eaking through~; lems. However, with Parker ~iof these .~t_r~s to .s'erv~ additio~I - 7 - VII. PUBLIG~HEARINGS (Cont'd.) A. TO CONSIDER THE APPEAL OF in the Arroyo de Arguello-Norada PLANNING COMMISSIONDECISION Court area and documents this adequately. BY ~. JOHN WEIR AND MRo Function Of theEIRis to identifybasic CHARLES HUNTER RELATIVE TO approaches that must be developed ADEQUACY OF FINAL EIR FOR during the planning process. TENTATIVE MAP (SD 1339) Mitigation recommended by his firm (Mr. Bedal - cont'd.) is attached to the tentative map, homes as this will aggravate the prob- and a condition that the project be lems of the people in the Via Roncole designed so it does not aggravate area. the downstream problem. Russell C~owther,. 20788 NOrada Court, Kalb: If the planning process is commented that mitigating measure~ based around the recommendations ~8~"fi~'d!n~'~lem~ihas been to of the EIR, will Planning and the ~il'd ~'~'be~'.~'~In this particular developers be working with case, t~e beam has made the situation recommendations that consider the worse -- causing more overflow into size and magnitude of the problem, his lot than before. or will they be working with con- ditions and recommendations and With regard to flooding, problem is assessments that are based on a that developer proposing development ~ifferent set of data. Also,iin- of Parker Ranch only looks at the quired what data was used in con- impacts which he contributes; an~.. sultant's analysis. ~h'~'~~um~-~5 ~lk~"~o~rib~i~n7 ....... - ........ Swett: Data used was from Santa ~ ~" Clara Valley Water D~trict~T~EIR Re: Flooding, the Prospect Creek dul- ~i~i~i~l~'y had information from the vert when it flows full backs up the 'W~t~f'District that was low. .storm sewers coming in from both During review process, Water District Norada Court and Arguello Cannot revised their estimates / .... '~oterate piecemeal analysis. Kalb: Within the project, many Re: Traffic, the traffi~ data'is streets are not shown with storm a mixture of old data and some new drains, and many storm drains out- measurement, which is totally in- let onto the hill'into swails. donsistant. No comprehensive traffic Some swails are re-captured on analysis of'the overall long-term private property; however, some development plans. Feel they have a swails drain into areas not at all right to demand that an areawide addressed by the EIR -- specifically impact analysis be carried out on in the southeast corner of the map. all these areas that concern the Requested comment re: the con~ residents. sultant's ommission of commend~ relevant to the impact of not having Carol Julicher, 12538 Arroyo de~ ~'~storm drains in these areas, nor the Arguello, commented she cannot ~I. impact of.~umping that.water off standwhy the City wants to make into these other areas. more problems before solving the one that is there. Swett: Consultant did address the erosion impact in saying that when Jeffer~ Swett, 1719 Began, Mountain the water is discharged back into Views-- EIR Consultant'-- here to the swail~, it has to go through respond to comments. an energy dissipator. Increased flows were calculated, and much of Kalb: Discussion of old and new this water discharges into swails numbers with regard to water flow, and ends ~p in the Calabazas Creek. specifically related to Prospect. Creek. Kalb: No discussion of the impact ~, downstream when that swail gets Swett: The EIR acknowledges that somewhere. there is a severe draina~!e problem Swett: Once in the swails, there is no flooding; the critical point is in the'Calabazas Creek. - 8 - VII. PUBLIC HEARINGS (Cont'd.) ~ A. TO CONSIDER_THE APPEAL OF geologic study by them a few years · PLANNING ~DMMISSION DECISION ~go. In their regional study, they BY MR. JOHN WEIR AND MR. indicated this as a landslide. CHARLES HUNTER RELATIVE TO During the geotechnical analysis ADEQUACY OF FINAL EIR FOR of this project, indluded as the TENTATIVE MAP (SD 1339) appendix to the EIR, Sword and MhLaughlin went to the s~&_and Kalb: Re: comment 6n page 18 that reviewed Ithe_trenches~d excav~i~!~ ~reeks/culverts were to be designed to ~',~e~'~:~otechnic~'c~ns~IC~nts ~ a one p~nt~fl~'~, Page 19, used 10- ~h~ar['this~are~ was indeed soil year design figures. Requested this cree~and not a landslide. be addressed. Kalb: In an area of cree~, you are Swett: The ~r'~percent flood assumes leaving the lubricant behind by not that the whole area is saturated, and providing drainage. No comments with ,%~li~-~at~h~f~-i~U~a~i~i~_.~'i~ regard to this danger. ,~i~uring 'the~ 1 -p~ent~ 'flood~d6~ not~, l~f~_~be p~k=~olpm&~f~he-a~ Swett: Specific recommendations Urb'a~i~'~Ei~n'a~d~nstruction of throughout the report address the impervious surfaces increases run- fact that all actual earth work offs more proportionately in the lower has to be performed under the years. The 10-year flood was selected auspices of a geotechnical engineer. for 2 reasons: 1) to show a worse The report says that areas of soil impadt and 2) that is the year the dr&~have to be properly drained cities and most communities use to according to their specifications. design their storm drains. Therefore, the record is complete on this issue. Robert Shook, Director of Public Kalb: Except the project doesn't Works, offerred further e~p~anationn~o have any storm drains in that area. Councilman Kalb's question. The major facilities related to the creek can Bill Heiss, Civil Engineer for be designed to accommodate the same the project, explained that every flood that the creek is designed for. individual storm drain anticipated The culvert should be designed to in the final design is not illu- accommodate the same flood as that strated on the plan. There is a for Prospect Creek. This should not storm drain that comes down the indicate a difference in the EIR. road that goes up to the top of the hill at that location, and discharges Swett: The culvert that goes under into the creek by the bridge. Also,' Arroyo de Arguello~i~ a creek, and another discharge point to the north it has to be designed for a 1 percent toward the central portion of the flood. This is what is intended in property. Tentative map does not the EIR. I~'~ ~ - mean to infer that this is the total --~-!~-~_~z~-.~!l -~ ~ -~% drainage system -- it is a condition ~B~q~%~'~d'EIR =Use numbers It~& of the project that the project that -'.= storm drainage be designed per re- ~T~=~=~=~i=~ "' L ' r'~7~'~'~'~7 ~'~ .... ~ quirements of the city engineer. ka~b': r'~'~U~'~ibned~,~Why ~cOmmen[W~s With the tentative map, it is shown eliminated regarding the Prospect the basic backbone system, recog- Creek area where there ~s. no storm nizing that at the time of the design drainage pro~idedo~spe~i~%~%~n~Lr~_'~ and doing the actual grading plan, there will be ~ev~ew~an~sinput by ~;where th~e is disagreement between various 5· the City and the' geotechnical con- ~eologic surveys a~=t6 wh~ther that is an ~ suitant to make sure sub-surface and area prone tOC~lides ,- etc. Area-on' -the we~t ~ sfde of the bill ~long-. t~ creek, which is ~ ~ surface drainage is. adequate. Swett: ~e~s~io~ by~6~a~-~-.~-~·~ City Attorney:pointed out that ...... normally drainage facilities are McLaughlin was based on a regional never shown on a tentative map. VII. PUBLIC HEARINGS (Cont'd.) A. TO CONSIDER THE APPEAL OF Director offPublic Works: Yes, PLANNING COMMISSION DECISION and has left open for additional BY MR. JOHN WEIR AND MR. review and input from the Water CHARLES HUNTER RELATIVE_TO District. ADEQUACY OF FINAL EIR FOR' · TENTATIVE MAP (SD 1339) '~[~eoni: -iC~d~fli'l~of~at ~a ba~B~h~jdrain~e (City Attorney - cont'd.) s~s~em on'~h'~'tent'a'tiV~ ~ap, and if the tentative map is approved and The Planning Commission and Planning conditions imposed~to alleviate Department in this case felt it certain specified drainage problems, impor'tant enough to superimpose on the tentative map atleast main trunk specific st6~'d~aln systern_~f~. lines of proposed drainage. The ~wi~h~i~ '~h~t~'~a'~i~, ands.~ decision the Commission was to make th'~"analyz~ by Publi~"WO~k~d~ on the EIR was whether or not to the Water District and critiqued. approve a tentative map -- not a particular drainagel-pl~.~Th~"gets approved by the Cit~ F~n~'~fi~ Director of Public Works advised ~ this is the process which t~kes Department further down the line. place between the tentative map and finalmap stage. Callon: If the City Council's job is to determine if there is enough in- Kalb: During the response phase formation in the EIR to call it when there were questions being complete, does everything have to ,posed by citizens, Mr. Crowther appear in the EIB~ror will there be made the statement that he felt an further analysis as to proper drainage. areawide analysis needed to be done Mr. Robinson, Planning Director, re- before you could identify the specific areas. On page 5, it is assumed plied from the time the tentative map the General Plan took into account is approved, they have 18 months to meet all the conditions~of~h~r~ta- the impact of any development which tive map. During that [im~,~here might occur, so there was no attempt to do a total overall impact study. will be extensive engineering work. He did not recall any attempt made to analyze the impact.of the total Callon: Questioned if the Council development of those areas has enough information in the EIR on flooding to impose the proper. Swett: The General Plan included conditions now on the tentative map an environmental impact report, to obtain the results desired in and has not been subject to liti- 18 months. gation. It was discussed qualitively the related impacts.~of the other Mr.-Robinson: There is sufficient developments in the area; therefore, information. From the time the this is in complete compliancewith the law. EIR. is certified'by the Planning Commission, there was extensive~j Mrs. Stevenson, Rolling Hills Road, review by the EIR consultant, commented that the culvert under Bill Heiss, City Engineering Highway 9 is not adequate for any Department, and Santa Clara Valley more water to her knowledge -- she Water District, to insure that the has seen water up to the stores at .conditions placed on the tenta- Blue Hills. She inquired if this tiv~map by Public Works Depart- is included in the study. ment meet the intent in order to satisfy the conditions. The EIR Mr. Robinson: This issue was dis- is used as a basis, but they go cussed and he recalls that Brian much further in the conditioning Kelley on the west side of Saratoga- for the tentative map. Sunnyvale Road was required to make some creek improvements to improve Kraus: Has the Public Works the drainage. This has also been Department set the standards_~for requested to be looked at by the this development with regard to drainage? Sant~ Clara ~alley Water District. Swett:~ EIR ~ discussed the inadequac~'~f'~~~reek channel in this area. 10 VII. PUBLIC HEARINGS (Cont'd) A. TO CONSIDER THE APPEAL OF questions condemning S6~e of ~he PLANNING COMMISSION DE~I~ION mitigation.measures proposed. BY MR. JOHN WEIR AND MR. CHARLES HUNTER RELATIVE TO Kraus: What the Council has to ADEQUACY OF FINAL EIR FOR deal with at this time is whether TENTATIVE MAP (SD 1339) or not the EIR is adequate. Con- cern is flooding; however, he Russell Crowther commented re: culvert doesn't know that the Parker Ranch under Highway 9. Letter from the is going to mitigate the situation Water District admits that the cul- on Via de Arguello. However, he vert is not of 'sufficient capacity. feels the measure of flooding is addressed. The place where there'was disagree- ment was on the Flow rates, and they Kalb: Does not feel it is adequate received information from the U.S.G.S. to say the flooding problem has which indicated a higher flow rate been addressed -- need to decide than Santa Clara Valley Water District. if it has been.addressed well enoug~ ~o provide a data base and Re: ;EIR Process (Crowther) He would the spirit in which we want to be very concerned if it were feIt the approach solving the problems. _~'. primary process of the EIR is to prepare Also, he is concerned that the specs for the tentative. Purpose of the problems are addressed inadequately EIR is to assess the environmental " in certain areas. impac~ of the project on the Citizens, evaluate what the public safety hazards Callon: Concerned about traffic are, and to evaluate the'significance of z flow,'and wouldlike to see up- the impact. You need accurate data to to-date figures. Further indicated evaluate these things. In.lOoking ~ she would be reluctant to send at Government Code Section 66474,-it. ~!.~ back'the EIR through the Planning states that a city shall not approve a Commission again.. tentative map if it is inconsistant with ' '~ the General Plan; if t~ere are-public" MjS:'Corr/Matteoni to uphold the safety hazards involved, etc. decision of the Planning Commission, . requesting 'further review of the Re: flooding, Three methods applied ! mitigation measures for flooding to analysis of runoff . . . flood and traffic. f~equency analysis; unit hydrograph method; and rationale method. The least Mr. Shook, Director of Public accurate of the three is the rational Works, advised the tentative method -- it tends to. do reasonably well map once approved with the street for the 1 percent runoff flows, but it modification is not so flexible to/i does poorly for the more f~equent flood~,~ make major modifications as the When asked why the unit hydrograph method project moves along. He believes or flood frequency analysis, the answer the plan as laid out is in was "the other is a ~tandard", although. conformance with the previously it was acknowledged that it m~y not. be approved street system in the area, too accurate. Insufficient data.in many and if revised, this should be area. done befSre the tentative map is approved. M/S: Kalb/Corr to close the public hearing. Carried ananimously by voice Callon: In discussions re: vote. Public hearing closed at 10:35 enlarging the data base for these ~'71~. two areas,'suggested.sending back these areas of the EIR, requesting Kalb: Concern with the adequacy of an expanded data base and expanded the EIR. Hesitant to go ahead, mitigation plan. particularly on issues as critical as the water. Still has deep -ll- VII. PUBLIC HEARINGS (Cont'd) A. TO CONISDER THE APPEAL OF PLANNING CO~IISSION DECI- SION BY MR. JOHN WEIR D MR. CHARLES HUNTER RELATIg~ TO ADEQUACY OF FINAL EIR ~ FOR TENTATIVE MAP (SD 1339 Re-stated motion: M/S: Corr/Matteoni to certify the EIR as beihg complete, and that the project would have a significant impact on the environment, and uphol. d.the Planning Commission'in denying the appeal, asking for final approval of the mitigating measures and requesting input.from the staff., developer, and Planning. COmmission in reference to flooding situation, and the Council be appraised of the situation as it develops. Carried 3 to 2, Kalb, Callon in opposit'ion. Kalb: Offered a subsequent motion: "Whereas, the Council_is concerned. about the drainage, flooding, and traffic problems associated with the Parker Ranch; and whereas it recognizes the EIR does in some ways address this issue that there are obvious discre- pancies and perhaps understatements in the report; and whereas, the mitigating measures specified are not wholly adequate as indicated . . now there- fore, be it resolved that it is the intention of the City Council to demand that whatever mitigating measures are imposed on the developer be conceptual- ized, designed, and constructed. to suffice as a regional solution to the problems in the area, and not localizec solutions to the project under con=. sideration." It was requested this motion be typed and presented for review at the next meeting~ B. TO CONSIDER THE HOUSING AND City;.ManagenLrecommendedldue to COMMUNITY DEVELOPMENT ACT lateness, staff presentation not PROGRAMS FOR 1979-80 THROUGH be given at this time. 1980-82. Public hearing opened at 11:50 P.M. 1. Presentationof City's Participation Under the Mildred Gordon, Blauer Drive, Housing and .Community questing what progress made to date. Development AcE to Date, Including a Summary of City Manager advised staff has con- Community Development tacted HUD and scheduled a site re- Program Activity; Eligible view meeting within 30 days. Decision and Ineligible Program not yet made as to use of landbanking Activity and Available Fund funds -- anticipated later in the year. AGENDA ACTION TAKEN VII. PUBLIC HEARINGS PUBLIC HEARINGS (HOUSING AND COMMUNITY Mrs. Gordon inquired if the additional DEVELOPMENT ACT) property next to Argonaut under con- sideration for purchase.by the City. 2. Presentation of Potential Community Development Proj~cts~. City Manager advised this is being Planned Activity looked at. 3. Public Response, Comments, .'M~':K~Z:Corr to continue public Recommendations and Project ~e~'ifi~'~o November 1 meeting. Proposals Concerning Fifth Carried unanimously by voice vote. and Subsequent Year (1979-82) Community Development Activity. VIII. ADMINISTRATIVE MATTERS ADMINISTRATIVE MATTERS A. MAYOR'S REPORT None. B. COUNCIL AND COMMISSION RPTS. 1. Report from Planning Mayor ordered this be set for public Commission Re:Application hearing November 15, 1978. of Saratoga Associates to Rezone Rear Portion of Parcel Adjacent to'.the Argonaut Shopping Center~ and South of City-Owned Property at Cox Ave, (APN 391-3-282) C.DEPARTMENT HEADS AND OFFICE~,S REPORTS 1. Report from Director of M/S: Callon/Kalb to adopt Public Works Re: Resolution Resolution 881. Carried unanimously 881, Re: Water Quality by voice vote. Portion of Environmental Management Plan D. CITY ~fANAGER REPORTS 1. Report Re: Funding. School 'Follow up to Council action on Crossing Guards 'September 6, 1978, re-instituting .crossing guards for period of 60 days. Subsequent action required prior to October 31, 1978. C~t Ma y naSe~_s ~recommenda~on 7~e ~ome po~n)of-fund~to 'hire' ~crossing gu~d_~'~dinator for. :i~h~ yg~ntZe,.~X,~; :-' ~:~-,i,~- '~j~)' Corr (motion failed for lack Bf~second) to fund program ffhrough the end of the school year. crossing guard program through the end of the calendar year, and in- struct staff to present a mechanism 13 - AGENDA ACTION TAKEN VIII. ADMINISTRATIVE MATTERS (Cont 'd . ) (Motion~ - cont' d. ) D. CITY MANAGER REPORTS to decide upon a policy for hiring ~-~ "~"~"'~ ............... ~ crossing guards, to include a ~.~F~p'6=~t=R~."~Fu~'di'~ School warrant system and whatever Crossing Guards (Cont'd.) suggestions they feel appropriate, and amend the 1978-79 budget accordingly. Carried unanimously by voice vote. 2. Request by City. Manager t-~E~y_'jTManager's recommendation to to Re-consider Certain approve department acquisition Outlay Expenditures items~ in,=th~ 1978-79 Budget, totaling $4,885. M/S: Matteoni/Kalb to include recommended departmental acquisitions' totaling $4,885 in the capital outlay expenditures. Carried unanimously by voice vote. 3. Report Re: Petition from City Manager recommended continuance. Some Village Merchants- Issue to be discussed with Village Prohibiting Loi.tering in Merchants on 10/30/78, and recommen- the Village (Cont'd. 10/4) dation to follow on 11/1. 3. Appointment of Council Council appointed Linda Callon to representative to serve on serve as Council representative Fire Commission Board for to Fire Commission Board. County of Santa Clara .IX. COMMUNICATIONS COMMUNICATIONS A. WRITTEN 1. Violet V. Enander, Clerk, Council appointed Linda Callon as Board of Directors, Santa Clara. representative to Flood Control Valley Water District, re: · Advisory Committee; Robert Shook as appointn~n.t of representatives alternate. to Flood Control Zone Advisory Coranittee 2. Ernest T. Ba~co, ~Jr., Co.1. Barco ~e~rsonally discussed 19101 Camino Barco, re: this request. new fence at the entrance to private road leading · Letter, datedIOctob~r 2, 1978, to Camino Barco. " which indicates the City Safety Engineer has stated there is a safety hazard, and the Planning Cornmission based its approval on incomplete information. Urging that the Council refer this matter~i'.~ to the Planning Commission and the Commission direct the staff to document' all facts, and invite all concerned persons to be present. Concensus of the Council to~look at this fence again, and discuss the issue at a future meeting. AGENDA ACTION ~'.AK'EN A. WRITTEN COMMUNICATIONS (Cont'do) 3. Mr. & Mrs. Nator, protesting ,~rNOted' and"filed. proposed West Valley Corridor. " ~ '- "? ........ ~ 4. Paul E. Sagers, Asst. Executive Noted and filed; report forthcoming Officer,- County of'Santa~Cil~_~ in November. Re: annual review of City Urban Service Area. 5. Jean Anne Lee, Project Dir., Referred to staff'for report Senior Advocacy Services, back to the Council. requesting Council's per- mission to organize a Senior Coordinating Council in Saratoga. 6. Robert D. Houghton, re: foot Referred to staff f6r report traffic from Brookwood Lane back to the Council. to Saratoga Creek Bridge (Highway 85) 7. Sheryl Abbott, Hansen School Noted and filed. Safety Chairman, with 82 additional names to add to their petition requesting school crossing guards. 8. Susanne S. Mallory, repre- Noted and filed. senting ~oaquin Miller Jr. High School PTA re: estab- lishing Bike lanes along Prospect Road from Saratoga- Sunnyvale Road to Lawrence Expressway. 9. Eaith P. Redal, 21995.Viai.~y~ Noted!and filed. Regina, re: Water Improve- '-~"~' ~' ment Project 1978-1. 10. Joan Stoll, Chairman, Refe~red. lto~staff for report Foothill School Site back to the Council. Co~n~it.,zrequesting the City of Saratoga provide lighting at corner of Seaton and Tomworth. 11. Dr. Ray 'Prend~rgast, Princi- Noted and filed. pal, Hansen School, thanking City Council for action re: crossing guards. 12. Resolution ffom City Council N~ted and filed. City of Ro~erbank, estab- lishing opposition to the lack of state mandated costs. · B. ORAL ·COMMUNICATIONS None. 15 - AG~NDA ACTION TAKEN C. ACKNOWLEDGEMENT OF PUBLIC SER- Mayor acknowledged: VICE REPRESENTATIVES Gene Zambetti, Planning Commission Lynn Belanger, Planning Commission , Mrs. Klein, GGG (served coffee) X. ADJOURNMENT M/S: Matteoni/Corr to adjourn. Carried. The meeting was adjourned at 1:00 A.M. ect submitted, {'~' Ro ' 16 -