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Home My WebLink About07-19-1961 City Council Minutes ,?~LRATOa CITY COUNCIL SU~Y OF MIIqU~S TI~: Wednesdays July 19, 1961 P~E: F~i~al.e School, ~i~ale Aven~ ~atoga, Califo~ia QR~I~TION A. ROLL ~L ~esen=: Gle~ons ~aes L~ill~ Abash=: Br.~ll B. M~S ~uncilman Ha~ ~eds seconded by COu~llmnu L~i!l to appr~e the ~nutes of the July 5 ~etl~ as rolled the readin~ be wai-~ed. Motion carried uu~usly. II OPa~CES ~ FO~ ~SOLUT!ORS A. RESOLUTION NO. 36-~33 Res. Councilran D~ake ~ed~ seconded by Councilran H~,n to adop= 36-B-33 =r.1241 Resolu=lon No. 36~33s accepting dedics~ion of s=ree~s 12~. ~=ion c~led um~oUsly. B. ~SOLU~ON NO. 36-B~34 ~s. 36-~34 Co~ai]~n H~ moveds seconded by ~mcil~n 1~-~ill ~o ~opt Resolution No. 36-~34~ accepti~ dedica~ion 2502. I~ion ~ied un~ously. c. ~SOLU~ON NO. 100-1 ~e Clerk read ResolutiOn No~ i0~1~ ~end~x~ Resohtion 100s as 10~ rec~nded by the City Attomey for c1~ifica=ion of =he ~tte= of M~. ~en Estates fees. Cou~il~- L~ill m~d, seconded by Co~ci~ H~an =o adop= ~solu~ion No. 10~ls relative ~o desiKnation of A~o~y ~ K~ineer for Mr. Eden Estates Assess~n= Distric= No. 1j Mo~on c~r~ed un~usly. D. ~SOLUTION NO. 102 - SPEC~ E~CTION re HIG~Y ~e City ~s~ra=or as~d Co~c~l ~o co~ider se~l~ =he da~e of the specia~ elation ~ead ~ wee~ ~ause of his au=hor~zed ~s. 102 scheduled vaca~ion, ~yor pro =~ Gle~on sta=ed ~a= ~o w~ Elec~io~ ~uld allow t~ for considera~ion of ~ alienate proposal for ~9 H~hway ~9 ~ich hu been received fr~ =he PI--.~ C~,miesi~. Af=er discussions ~y~r pro ~ direc~ed~ wi~ ~ obJec~ion~ thaZ ~ion on Resolu=ion No. 102 be deleted to =he ~ ~e=i~s a= ~ich ~ i~ will be considered to se= the election for Oc~o~r 10~ a~ in ~he interims ~he s~f ~11 study the proposal ~d co~ul~ Co~=y ~d S=a~e officials re~di~ i=s ~=i=s ~d prac~lcali~y. E. ORDINANCE NO. N8-5 - SUbDiVISION ORD'INANCE Ord. The Mayor directed ~bat the record indicate that Ordinance NS-S NS-5 Sub. was re-introduced as umouded by the incorporation of all the changes Ord. which have been reco._.~xended by the Pl-,nnlns Cc. mm4ssion. B~G S~ APPROVM. S ~ S~DIVISIONS A. SDR-296 ~PII SDR-296 ~unci~n Land, ill moved, seconded by Counciln tlar~an to adopt F~wo=~ ~solution SDR-29~ls approvinE buildjar site of Ralph F~w~th for one lot on Sobey F~ad, l~ion carried uniquely. IV P~LIC H~INGS A. ORDINANCE 3~Z~20 ~d ORDYl~CE NS-ZC~I '~e Clerk introduced Ordinate 3A=ZC-20 and Ord~.n~ce No. N~ZC-1, chanSi~ zo!e fl'om "A"to "F~:B2" on the app~lcatiou of Clarence l~nnerly ~C.~3~. He e~lained that both ordinances were introduced C-36 ~erly - as it is not ~n at this t~ if this requested cha~e of zoni~ would ~end the e~isti~ zoni~ ordinance or the comprehensive zoning ozdin~ce which is Scheduled for public hearing later at ~is ~eti~. ~blic fleatins opened at 8:06 P. M. ~d the Clerk reported that no c~unlcationS 4ad be&n received~ either for or ~ainst this appli- ~d. cation. No one responded to a call for oral cmunicatio~ a~ the 3~ZC-20 & NS-Z~I ~blic Hem'i~ was declared closed. ~e Clerk stated that Zhe tentative map for this property h~ been appzoved by the C~4eslon ~d that the average lot size indicated is over 12,500 sq~e feet. ~e Council discussed ~cess roads ~d the City A~inistrator indicated that the streets on the tentative map co~om with the master street plan for this ~ea. With no obJection~ ~yor pro t~ directed that the ~nutes sh~ that ~dinances bZC-20 ~d NS-Z~i were introd~ed. B. ORDI~CE NS-3 - ~N~G ORDIN~CE-CI~ OF ~ & ZONING ~e Clerk stated that, in response ~o notice of public he~i~ before O~. the council, letters h~e been' received fr~ the foll~ng: NS-3 ~ni~ 1) J. NoegSerath of Shelley Willim ~sociates, dated July 5, 1961 ~d. & ' 2) ~elve residents of the Rlnc~da Acres ~ea, dated July 8, 1961. ~p 3) Day letter fr~ Don ~l~do, dated July 19, 1961. 4) Nichol~ S~off, D.D.S., dated July 19, 1961. 5) ~urice Fuller on ~half of Al~ed Fro~, dated J~e 5, 19~1. 6) ~chitectural Advisory Co,,~,~ittee, dated July 19, 1961. He~ing opened at 8:25 P. M. ~he follc~ing persons spoke: H=. Opper~ on behalf of Alfred Fro~ of S~ Fr~icso supported ~he ~tt~en request of Mm~.ce Fuller,for 10,000 s,tu~e foot z~e t~tead of 12s500 for ~-, Fr~s property on HigL~ay ~9, ~0 ~Jrge M~ 18591 ~shall L~s S~aeogas protaste4 ~e =eques~ of Rinconada ~res area residents for lOsO00 sq. foot zone ]and sta=ed ~at deed res~rlctio~ for ~he area require one acre lots. ~y We.~fin~l[., 18610 ~rsha!l hue; ~. Jc~n__~ 14050 ~rilyn Avenue; A. L. ~rJ~ 14041 I.gar!l~ Avenue and ~!a Je~ Azevedos 18530 ~shall Las spo~ in support of the reduction to los000 squaTe foo= zone for the ~rshall h~ - }~117a Avenue ~ea (~onad~ Acres)s advoca~i~ tha~ adjacent lots have already been rez~ed to 10,000 sq. fee~ ~d tha~ cons'~ruc~ion of the ~rshall ae sch~l h~ r~oved ~he "ru' dr' r a~osphere of the ~ea. ~. Jc~uJ~, We~oot~ ~ive, supported the reques~ o~ ~. S~ff for c~ercial zon:t~ ~ the O~ Street area, near 4th S~reet. A. R. ~a~iesoJ, 14025 F~ale Avenue, requested ~at ~re pUbl~ci=y be given to ~e new ordin~ce before it is adoptedges~ my did ~ ~ i= was ~t~ considered, ~d did ~o= see ~he no~ice of ~he yem~ Brizen~, ~2571 ~g~ay 4~ objected =o reclassifica~ion of ~he presen~ Hol zo~ on I~ay ~9 ~wcen ~rniel ~nd ~q~dell Avenues. Rpbert ~r~an, 616 bore Stree=, S~ JOse, asked ~ha= =he pr~osed 20,000 sqU~e foo~ zone ~ S~a~Oga Avenue in front of Jarties ~ive be zoned R-I-12,S00 in co~o~y with ~he lo~s on Je~ies ~ive. ~yor pro =~ called for any o=her co~n~s fr~ the audience or =he Comil or staff, No further counts ~re mde ~ the f~or and ~he City Attomey repor=ed tha~ he has ~ additio~l re~sion ~o ~he zoni~ ordi~nce re~di~ condi~io~l uses; that i~ wo~d not for a n~ public he~i~ nd could be added ~o ~he ordin~e by =he s=~f if =he ma=~er is continued. ~ter discussion re~ding refe~al of the co~ica=ions of =he public he~in~ and the ordin~ce to ~he PI~--~ Cm{ssion ~d/or ~ilm ~ake m~ed =o c~=~ue =he public hearing go ~he Aug~= 16 me~i~, and in the in~er~, ~he m~=er be refe~ed to =he C~==ee of =he City Co~il who may confer ~h ~bers of ~he Pl~nni~ Co.-...~ssion and o~her council ~mbers and su~i~ a repor~ on the ordin--ce ~d the public heari~ ~o~unica~ions, bo~h ~i=~en ~d o=al, at the ~s= ~6 me=i~ Council~ ~ill seconded ~he~on which c~ied u~n~us~yo OLD BUSINESS A. C-34 WILLIAM & WAL'rEK SEAGRAVES (continued from last meeting) Councilman Drake reported ~hat he wished to abstain from voting on the request for rezonivg the Seagraves property on Saratoga Avenue C-34 Seagraves to R-4-H on the grounds of inadequate bqckground as a result of not being presen~ at the joint meeting held on the r~lt-ter. Councilman Langwill m~ved, seconded by Councilman Hartsnan to accept the report of the Planning Commission recon~nending denial of ~he =ezoning and that the request for change of zone be denied. Motion carried by the follcwing vote: AYES: Glennon, Lang'~ill~ Hartman NOES: None ABSTAINED: Drake ABSENT: Brazil V1 NEW BUSINESS None VII ADMINISTRATIVE MATTERS A. I~AYOR Hayor pro tem called to the Councils attenlcicn the need for advance League of Cities registration for those planning to attend the League of California Con f ~ Cities conference in San Francisco in October. B. FINANCE (1) Coulmilman Drake moved, seconded by Councilmen Iangwill to Finance approve the bills listed for the months of June and July in the a~gregate ~mount of $15,825.94 and to authorize that w~rradtS be drawn in pareeats Motida carried uhanimou~ly. (2) The City Administrator announced that he has notified the bank to transfer $110~000. from the 90 Day Gas Tax Construction fund to the Active Warrant Account to pay the forthcoming claims connected with the Herrt/han~.Avenun improvement project, (3) The City Clerkks and Treasurer's reports for the month of June were distributed, C. COUNCIL COMMITTEES (1) Counci]mn- Drake r~ad the report of the special committee appointed at the last meeting to xe~iew t~=~equest of the Chief Radar - City of Police for radar in the 'City of ~aratoga,t .C~uncilman LanEwill Streets ;.' moved that the report~ d~ea Jull~!~i1961,~be~i~ccePted and the use of rndar be authorizede ae reeoim~e~ded', Co.. .t~.~il~an Hartman seconded the motio~;.~carried dnenim6us!y, (2) Councihnau Draks xeported tha~, a~cer ~y o f Ch~ ~t~er$ he rec~nds that ~e council establish a pol~y ~d ~procedure S~ety reg~ding utters to be refe~ed to ~e Chief of Police, ~ief Cod~,~ttee - L~ en~r~ of Police B~y Rosasco sugEes~ed the ap~h~nt of a S~ety ~nt ~Iicy C~ittee ~d ~ E~orc~ent Co.~--~ttee to re~6 mtt~s ~!ch i~olve council policy. ~i~ no objecti~ ~r pro t~ Glen~n referred the ntter to the.Ci~ A~stra~or for reco~n~tion~ ~d report re~ardi~ pr~isions of ~e ~ver~eut Code. (3) Cou~il~n Har~ as rep~esentati~ on the County Water Co~ssions r~iewed the ~tivities of the C~ssion and re- FoXed that~ at the July 19 me~i~ a proposal had been pr~ Co~ty sent~d to ~ose a ~C t~ to establish ~ ~ergency ~ater C~ssion ~ter di~cussion o~ the wa~e: problems o~ ~e area ~d the disagre~nt of the J~isdictio~ i~olved ~ to the ~st o~ allevia~ these p~obl~m~ the Co~cil co~urred that-Cou~il- n H~tm~ c~tinue to rese~ch the ntter h an effort tO dete~ne i~ ~e. ~t of ~he proposed u~gen~y t~ is practicable. ~en-~re i~oma~iOn is available~ he will contact the 'council meters for their individual opi~o~ ~d~ if necessary~ a s~cial ~etin~ ~y be called for Co~ctl decision reg~di~ the p~oposed t~. D. DEP~ H~S ~ OFFICES ~ (~) ~e Director of hblic ~or~ reported that he had comerred with the ~eri~f~s Deponent ~ the Chief of Police and ~nn~lizatiou Highway ~9 is the rec(..~b-~udation of' all that Pla B,. as presented to the Co~cil at the l~t meeti~ ~d generally approved, be foll~ed ~of the cb~nn~lization of Hig~ay ~ at ~gonaut ~oppi~ Center. He further reported that ~. V~ ~nn~elur, Horticulturist~ reco~nds r~d of the tree at Pierce ~ adZHlg~ay as he co~rs its co~ition hopeless, ~ee. Co~cil discussed ~ed for a city-wide tree progr~ ~d ~e matter was referred to the st~f for study andTe~rt as to the n~be~ of tr~s in need of repair or r~al so that bids can be called ~or the entll'e progr~, (2) ~e Director of ~blic Works reposed that the He~m~u Aven~ strut !mp~nt plus will be reMy ~ bid as s~n as the Herr~mnn right-of-way is cleared and that the bridge plans have bean re- Ave,! eaivod and will be transmitted to the State later this week, E. CITY ADMINISTRATOE (1) ~he City A~n~stra~or rspOrt~d that he and ~iroet~or o£ Public Works James Huff h~d met with the Los Catus High S~hool Board regardtu~ ri~hts-ofoway for the Her~lman Avenue improvement and read a !e~ter from the Board advising that the SchOol District Herrtma~ would be willing to support ~'ho projec~ ~f it is carried to Avenue ~ R/g - ~ compie~ion and to dedicate the required land for widening in Saratog~ Righ · exchange ~or ~he cost of in-.talla=!on of curbs~ gut[ers, side~ School[ walks and pa-~ngo Af~e= conutderahle discussion of this matter and the merits of si~ewall;s or painted ~alk~wcyS to serve the h~h school, Council- man Drake moved that the Ci=y*s posi=.~On is that it w~ll agree tO ~he widening of Herriman Avenue and the lnstall~tion of curbs~ gut~ers~ and pa~ing in exchange for the required right-of-Way ~ the installa- tions by the distriot~ o~ the side~alks, Cohncilm:an Lan~will seconded the motion which carried una~usly. 1~e Director of Public Works and a representa{ive of the City Council ~rlll arrange to meet wi~h the SchOol Board tO present the City*s pbsitiun in this matter. VIII CONNUNICAT~ONS A.WRITTEN COMMUNICATIONS None B.ORAL COP~NICATIONS Nayor pro tem acknowledged the presence of Planning Commissioner Benne~[. IX ADJOUR/~aNT Councilma~ Har,~, moved, seconded by Councilman La-~ill to adjourn the meeting, NaCion carried uu~-~mously 11:35 P. M. Respectfully suL--n~l;~eds puty ity Clerk -6-