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Home My WebLink About06-07-1961 City Council Minutes SARATOGA CITY COUNCIL SUb~4ARY OF MIr~JTES TIME: 14ednesday, June 7s 1961 7:40 P.M. PLACE:' Fruitvale Schools Fruit-vale Avenues Saratoga,California TYPE: Regular Meetin~ I ORGANIZATION A. .ROLL Present: Brazil, Glennon, Drake Absent: Rars*m,m, ;.Lan~w!!l B. HINUTES Couneil~ Glennon moveds seconded by Conncilmnn Drake to Naive the readiu~ of the May 17s 1961 minutes and approve them as mailed to the individual Councilmen, ~fotion carried unanimously. .. A. USOL' O NO. 97 Res. 97 C0un~il~ Drake moved, S~conded by CounCilm_~ Glennon; to adopt Transfer of Funds Resolution No. 97s authorizix~ ~ransfer of funds between and/or ~n~n~ accounts. Notinn carried un~n!mnuslyo B. O. RDII!~CE 15-E Oral. 15-E Ordinance 15-E, establishin~ salary for the City Clerk-Administrator City Adm. -\ Salary for the fiscal year 1961-62s was introduced sad the rendinS dispensed with until the next meetinS. C..ORDINANCE NO. 31 Ordinsace No.- 31, adoptinS the budget for the 1961-62 year was intro- Ord. 31 AdoptinS duced and Councilman Drake reported that he had studied it in detail 61-62 Budget and thought it a Sood bndaeto At the request of Councilman Glennon the staff was directed to make arrangenmn~s £or a study session of the entire Council for review of the budget. III PUBLIC HEARINGS A. C-33 - SARATOGA INN C-33 Public hearin~ was opened on the application of SararoSa Inn for Saratoga Inn rezoninS o£ property from RE:B2-R to R-~-H zonin~ district. The RezoninS Clerk ~-~ounced that no written c~nicatione had been received and that metice of hearing had been published according to No-one present spoke for or a~aiast the proposal for rezoning. There bein~ nothiz~ ~urther to go in~.o the ~ecord, CoUncilman Glennon moved, seconded by Councilman Dra~ to close the Public Hearing. i4o~icn carried unav~usl. y~ The Clerk introduced Drdinsnce 3/~EC-19 be fezone Saratoga Ord. 3A-ZC-19 property and the matter was held over to the next meeting for a second reading and debate. XV OLD BUSXNES.q A, The Clerk announced that Sanitation District ~4 has filed suit for ~.diete possession of an nascent across the Civic Center site for .... a sewer line, as they will not waive connection fees for the City Sanitation Office in order t~ obtain the consen~ of the Council for the easement, Dist, ~4 Deed of ~he Council discussed the ma~er of the Sanitation District having Eas~r~nt Jurisdiction to condemn the property and the costs involved, With no objection, ~:he l{ayor directed that the matter be referred to the City AdministratOr t0 neSotiat~ with Sanitation Dlhtrict ~ in an effort to resolve the question of costs and report back to the Council as ~oon as possible, V .NEW BUSINESS A. SDR-257 - STERN & R~NZEL. Councilman Drake moved~ seconded by CounciJra~n Glennon to adopt SDR-257-1 Resolutinn SDR-257-1 ~rantinE building site approval to ~,151 acres Stern & . Renzel in Quits ShoppinE Center for the Quits ~edical Center. l~otion carried unanimously. B. SDR-269 - ARTHUR STRA14ETZ Couucilrns~ Dral0e moved, seconded by CotmCilmnn Glennon to adopt SDR-269-1 Strn~tz Resolution SDR-269-1~ ~ranting building site approval for I lot on Sobey Road on the application of Arthur Str~-~tz, Motion carried unanimously. C. SDR-248 - LU-RAY PLUMBING Ca4PANY SDR-248 Councilman Drake moved, seconded by Councilman Glennon to adopt Lu-Ray Plumbin~ Resolution SDR-2~8-1, approvinE building site of Lu-P~y Plumbing Company located in the Co,~ercial Service zone on HiEhway Motion carried unan~mnusly. D..SDR-230 - NORMAN AND PATRI_CIA .KOF, PERNIK The Clerk ~-w~ounced that Mr. and Hrs. Koepern~k are askin~ to have the condition of buildin~ site approval requiring im~rovement of SDR-230 Koepern~k Via Regina deleted from the~_r buildin= site approvsl agreement. Reconstd- eration Mr. and YEs. KOepernik boLh spoke in euppor~ of their request and of Condition 8 advised the Council that although they had posted a bond tO comply wi~h the condition, they have since found that an alternate means of access is available for pmprgency purposes and they do not think Ordinance No. 23-4 is applicable in this instance.. The City Attorney stated tha~ although Ordinance No. 23-4 requires every site to have a min*~_mum access =cad regardless of whether or no*. it has ana!teruate means of access the Plan~u~ Comm~ssion or .. th~ Co~noil has ~he right to ~rant a de~iation if such a request is filed with the Plnnntl3~ Co......~ssion, He reported that such a request had been filed with the pl~nniu~ COmmiSSiOn and although the condition was modified by them~ the requirement for improvin~ Via Regina to minimum access standards placed on the May 12 th aSenda w~s not deleted. After establishir~ that the Planniu~ Commission did not have the present criteria on which to base their decisions Councilman Drake moved that the matter be referred back to t-he Plannin~ C~.--~esion for recounnendation and/or-action and that responsibility for any delay resultin~ from =his action which would cause the final approval to expire will be the burden of the Council and not the applicant. Councils-- Gleanon seconded the motion which carried unanimously. E. ~he Clerk outlined the rates for services of Liviu~ston & Blayney for the 1961-62 fiscal year and stated that although all rates are LiviuSston higher than the present a~reement, there will be no retainer and & Blayney Agreement all services must be authorized indivldually by the City. Council- man Glennon moved, seconded by Councilman Drake, to authorize the Nayor to execute the agreement for plarmtn~ consultant services with Livingston & Blayney. F~tion carried ananlmously. VI AI~IiqlSTRATIVE A. FAYOR No reports. B. FINANCE (1) Councilman Drake mowads seconded by Councilman Glennons to Finance approve the bills in the amount o£ ~3,023.77 and authorize that warrants be drawn in payment. Notion carried unanimously. (2) The City C[erk's and Treasurer's reports for the month 'Nay were BubmtttCd, C. COF~ITTEES N~ reports. D. CITY ATTORNEY - . The ~ity Attorney reported that he has ~esear~hed the status Wildwood Wil~ood Park and faund that the park Was in existence before the Park ~uhty zonin~ Ordinance ~s enacted ~o~ ~he Sarat0~a area and is therefore a leSally non-conformi~ use. He nnnounced that the proposed zoninS ordinance provides that such uses be subject to a use permit and that although the use may not be denied, it can be controlled by conditions of a use permit, E. .DIRECTOR OF PUBLIC WORKS Herr~meu The Director of Public Works reported that he has received the Avenue Bridge revised alig~ut of the Herriman Avenue bridge from the enSineers and will contact the State on this basis, F..cITY I XsUA'TOR (1) The City Administrator reported that the County has recouwne~ded a~ceptance of the coust~uc[ion for the l~oreland School District Kiudergarten. The Couucil discussed the deed of property for llorelaud street purposes offered to the City by the ltoreland School School District - District which was uot accepted by the City and that the exteut Acceptance of of improvemeuts was 136 feet short of the to~al 8_mouut of laud Cousttiction offered. The Director of Public Works reported that the School ~' District hl~ indicated they will imprjve the 126 foot strip if funds can be obtained for the work. Councilman Glennon moved, seconded by Councilm~ Drake to accept the improvements for con- struction and to consider the dedication at the end of the one year mainten~nce period. Motion carried unanimously. (2) Councilman Glennon moved, seconded b~ Counc~q~ Drakez to 8rant G. H. Haws Vacation the request Of Gordon H. Howe to be ~way on vacation from July 24 through AuguSt. 11, 1961. Motten carried unani~usly. VII PETITIONS AND GRIEVANCES A. ~raI'r~'~.N CO~f0NICATIONS (1) The Clerk read a letter from John HcCarthy Of the Atchison, Topeka & Santa Fe Railway requestin~ permission to speak to the Council, Atchison~ l~r, 14~Carthy wa~' granted permission to distribute brochures Topel~a & Santa Fe regardin~ the topic of his presentation and a~ter reviewinS the Railway history of the current railroad con~_roversy over o~nershtp of the Western Pacific Railroad, appeaied tO the 'Council to pass a resolution endorsin~ A.T.& S.F. control of the Western Pacific on th~ basis ~h~t competition ~ith Southern Pacific ~r111 benefit those in this area, l~r*- Carlt0n Kippe~ District HanaSer of Western Pacific Railway in San Jose supported 14r. HcCarthy*s request. ~tr. ~cCarthy was advisedr with the co~urrence of ~he Council, that on the basis of past precedence and policy~ the Coancil takes no issue with any matter which is not of i~nediate and direct concern to the City. (2) A request from Saratoga School District for an adult crossing Saratoga 8uard at the crosswalk on Saratoga Avenue to protect students School District who will be attendin~ Fruitvale School next school year was Crossing Guard referred to the budSet study session, A request for a foot path across the Civic Center site for these students was referred to a later meetinS, (3) A communication from 14aurice D. Fuller on behalf of Nr. Alfred Zoe~ Ordinance Fzo~ relative to proposed change of zonin~ was ordered filed in the Zoning Ordinance file to be considered at the time of public hearing before the Council. (~) With no objection, the l~ayor directed the City Attorney to dra~ Amendment to Oral. up an appropriate amendment to Ordinance No~ 28 accordin~ No, 28 Western California TelephOne Company the exceptions given to Pacific Telephone & Telegraph Company, (5) The Clerk read a letter from Nr, Carl~on Wood of the Los~Gatos Saratoga Recreation District inquirir~ about the status of their Los Gatos- Saratoga proposal for recreational needs in Saratoga. ~he Mayor directeds Recreation DistriCt wi~h no objection, that the Planning Con~ittee take no action on this matter until a report is available to the Cooncik from the pendent Recreation Co!....~ttee, The Nayor announced that he will v~_ite to Nr, Wood in this regard,' B. ORAL CO}fi~3NICATIONS (1) Police Chief Barney Rosaeco and Mrs. Dorothy Fannin8 appealed to the Council to exeroise stringent contr0i oVer the construction for the San Jose water Works and ~h~ Pacific Telephone &'Telegraph C~mpany on S~ra~Og~ AVenue. H~ ~ited vations nuisance factorss Saratoga excessive dusts and poor traffic control ~n the areas particularly Avenue Construction by the const~uctioncompany for the Pacific Telephone &Telegraph. The Clty Adm~nist=ator reported that, as Saratoga~s encroachment Ordinance No. 28 was not in effect when the encroachment permits were granted for these construction pro~ects, the matter was handled by the County and the County does the inspection. Re stated that it is difficult to control construction when two utilities are working opposite sides of the street at the same (2). ~he presence of Pl-nning Co-~-{ssioner Frederick C. Crisp was noted with pleasures from the chair. CouncilmanDrake moved, seconded by Councll~8~ Clennon~ to adjourn the meeting. Motion carried unanimously 11:30 P.M. Respectfully submitteds City Clerk :m -6-