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Home My WebLink About11-01-1961 City Council Minutes SARATOGA CITY COUNCIL TIME: I~DNESDAY, NOV~B~R 1, 1961 7:30 P. M. PLACE: Fruitvale School, Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I ~CANIZATICN A, ROLL CALL Present: Brazil, DrAke, Langwili, flareman Absent: Glennon Councilm~n Langwill moved that t~e minutes of 'the special meeting of October 10, 1961, be approved as mailed to the individual council° men and the reading dispensed with, subject to .corrections as itemiZ- ed~ CoU~cilm~n Hartman seconded the motion' whtah csfried unanim~US"ly. Councilmnn Drake moved, seconded by Councilman Langwill to dispense with the reading of the minutes o£ the October 18 regular meeting and approve thee as m~!led. Motinn carried Unanimously. II BTDS AND CONTRACTS None III ORDINLNCES AND FCI~L~L RESOLUTiO~S None Iv SUBDIVISIONS AND BUILDI~C SITE- APPROVALS · , · ' ,- ';; · ' ' A, SDR-251 - ELAN POPOVICH SDR-251 Counci!~n Hartm-n moved, seconded by Councilman Lsngwill to adopt Popovich~ Resolution No. SDR-251-1, granting building site approval to Milan Popovich for one lot on Coleta Avenue. Motion carried unanimously, B. SER-253 - IRiS STILES - Request for refund of fees for building site approval, SDR-253 Clerk ,reported that FLrS, Stiles has requested to have this matter Stiles withdrawn at~ this~ trine and, with no' bbJe~tton, the 14ayorI ordered the*lmat~r removed from the 'aganda, ', ~, ' '~ ~ :': '~ C, SDR-139'~- PRINCE OF PEACE Lljl'ht~RAlq CHURCH-" ': SDR-139 COuncil~n Drake moved~ ~0nded by .CounCilinCh Langwill thee, the Prince Improveeent' Band posted by-Prince of Peace Lutheran~Charch Of Peace performance bf cohdtttuns of building s*tte approval be'released Lutheran in aCCordance with report o~ the Director of Public Works that a11' ChUrc~ conditionsL'have been met, Motion carried unanimously, V PUBLIC HEARINGS ' ' "A~ ~P-30-: APPEAL'~ ; ;: ' '~ · UP-30 :"'Public hearing on appe, al of Use Permit granted by Planning C~issiun OUr ~ady to Our Lady of 'Fatima Vtlla continued f=ee last regular meeting at oi' Fat~a~: ~;- 08 ]P, H: ]:j Ci~rk. i~eaa let~ars ':;from 3ohn Scha~z,. 3r., representing Appeal the Appellantsl -and' ~ree Joseph Bonactna, representing the proponents, ~Sking: forChar 'cunt:~nuatton to the Noveeber 15 meeting, ~tth no " objection, .the l~ayor ordered the hearing continued to 8:00 P, M, '- " : NoveeberlS, 1961'' : .... · ? .' B. C-38 - ALPHA IAND Ca~PANY l'ublic hea~ing opened at 8:i0 P, M, on application of Aipha Land~ C.~.pauy for change of zoning from RI: 12,500 t5 El: 12,500 P-D for C-38 approximately 33,36 acres l~cated at Highway ~9 North of ~hehna. Alpha Clerk reported that notice of hearing hnn ~een published and mailed Land Co, to surrounding property o~ners according t~ ls~ and Ordinance NS-3 and that no c~unicationss. pro or can, have been received in the matter, He further reported that the Pl~n~ng Cv..-..~ssiom, on October 9,.1961, voted to reconnend to the Coonell. that the request- . ed rezon~ng be granted~ l~r, John Criffen, President o~ Alpha Land C(n~any was. present to represent the applic~nts ax~d answer any questions the c~mcil n~ght have. No one else present .addressed the cou~c~l rega~ding this matter and, after ~eneral discussion relative to Pl~3ned Development residential zoning and review of the prelim~y subdivision map of area~ as presented to the Planuing C'oudAss~on~ Councilmen Drake moved~ seconded by Councilman Hartman' to c!ose the p~blic hearing. l~otion carried unanimously 8:21 P. Oral. Ordinance No. NS-3~ZC-1, changing zone as requested by Alpha Land NS-3-ZC-1 C~any, was introduced by the Hayo~ axid dir~dLed ~0 the next agenda for second reading and action. OLD BUSINESS A. TRACT 254~ Clerk reported that requested ng~e chan~e in Tract 254~ had been referred to the Planning Co~mqssion and read the Cemmissionss rec~.~-?ndation that Tomales Drive be changed to l~estover Drive and that Toro Court be changed to Buckingham Court. After discussion, Tro25~4 Councilman Langwi11 moved that the street n~nes ~ales Drive and St. n~ue Toro Court, as recorded on the final map of Tract 2544 be changed Changes in actor.de. hee ~rlth the reco.h.endatien of the Plannin~ Ct~uulssiom. Hotion seconded by Councilman Drake and cartlad tmanimously. Hayor directed that the resolutien be drs~n in ~rcitten form, separate from Res. 111 the minutes. in accordance ~ith Sectien ~.3 (c) of Ordinance signed by the Nayor and attested by the City Clerk. Hayor also re~ ported that he expects to appoint a Street }lame C.3u~hittee by the next regular meeting. VII AIKtNISII~ATIVE -NATrERS A. NAYOR I.C.C Hayor reported that the Inter-City Council ~ill meet at the Golden Ntg.. Doors in LoS Gatos tomorrow night. B. FllqANCE Disburse- Councilman Drake tooveda seconded by Councilman Hsrtn~n to approve merits the bills listed in the 8mount of $5,360.65 and auth6rize that warrants be drawn in payment, 14orion carfled unanimously.. C. C(I~X~EES (1) Couneilnmn Hartman gave a progress report of the County 14ater County Camnission activities at rodayes meeting and stated that he ~ater - expects the matter to come to a vote, on a linited scales at Ca~uiss ion the next meeting, The COonoil concurred that Councilman Hartmsnl centtntm to endorse the Combination route as previously authorized, - Do DEPARTMENT HFADS AND OFFICERS (1) Clerk reported that the residents' of th~ Austin Ways Sarato~a- Annexation Los Gatos Road area who had requested ct mcfl consideration of Austin Way ~nnexation to the City of Saratogas have now requested that the matter be removed from the agenda. ~ith no cbjections the Mayor so ordered. CITY AII~!NISTRATC~ L. Caltf. (1) City Administrator reported that ~he Loal ~e of California Cities mtg. will meet at the Elks Club in San Marco ~ a November 16, 1961. (2) City Admin/strator ~nnounced that a Joint meeting of the L.G.~.H.S. council and the Los Gatos Un~.on High School Board has been Council confirmed for 8:00 P. M. on November 7, at the Saratoga High Joint mtg. School Library. (3) City Administrator gave cost estimates for a footpath from Saratoga Avenue to Fruitwale School, along Fruitvale Avenue Footpath and reported that his rec~ndation would ha to request the Frui~vale School District to construct a footpath across the Civic Center Avenue until such time that the City acquired additional right-of-way alung Fruitvale Avenue. After discussions the Nayor directed that the matter be referred to the next meeting when all the data relative to traffic st~rvey of Saratoga Avenue is available. (4) After discussion, a request fr~n the City Administrator for Footpath authorization to improve the footpath on Quito Roads at ml Quito Rd. estimated cost of $595.00s was referred to the next meetings at which time plans for the project will be submitted to the council for review. '(5) City Aam~rutstTator announced that the relMTrt relative to Building building iuspoction services hss been received from Mr. Pesetta Inspection and a meeting of County Executive Howard Campen, Nayor Brasils Services and him-elf has been arranged for November 7~ 1961~ to discuss the matter. Mayor requested that any c.~--nts from the council be submitted prior to Tuesday morning, November ~. VII CCei~FICATIONS A. WRITTEN (1) A co~unication from the Board of Supervisors urging adoption Board of of the Santa Clora County Uniform Plombing and Gas Piping Code Super. re- was continued until after the scheduled meetin~ with County Plembing & representatives relative to buildin~ inspection services. Gas Code (2) A request from the League of California Cities for passage of Sales an mnendment to the unif~ local sales and use tax ordinance Tax Ord. was referred to the City Attorney to dr~w up for presentation to the council. RECESS AND PaCONVENED (3) After discussion, Council~n Drake moveds seconded by Council- nmn ~ar_e~--n .to adopt Resolution No. 112s urging support of the Res. 112 "Mercy Bowl Gau~' at the Los Angeles Coliseum on Thanksgivin~ Mercy Bowl Days proceeds of which will go to the Ca1 Poly Students~ Momori- G~ al Fund for the benefit of the survivors of the football team members who were killed in an airplane crash on October 29s 1960. Mot'~on carried unanimously. (4) Clerk read a petitions si~ned by 19 residents of Glen Brae Drive Stop Sign Areas for a stop sign on Glen Brae Drive at Scotland Drive and Glen Brae advised that the Sheriff as report recommended a "Yielc[' Dr. instead of a stop sign. After discussions the matter was forred to the Chief of Police for report at the next meeting. (5) Clerk read a letters si~ned by five propert7 ~ners in gestbrook Subdivisions north of PrOspect Roads requesting consent of the Coonoil to c~-,-,,ence proceedings for annexation pursuant to the Annexation Act Of 1913,, Council discussed the matter with the City Attorney end with Mr. M. toughran, resident of Westbrook, and were advised by the Attorney that consent to ce~u~nce proceedings in no way c.'..-,,,i, ts the council to grant permission to circulate petitions Annexation for annexation at the time such request might he presented. Proceedings City Attorney stated that consent to C.-~ence-proceedings merety gestbrook puts a 50 day hold on any other annexation proceedings for the area, thereby allowing the' residents time to establish their boundaries and collect necessary aata. Councilman Iangwi11 stat- ed that he felt the people of the area woold cowstrue coencil permissi,o,n to cu~aence Irroceedings as a moral obligation to ap- prove cireul,ation of. petitions tO annex, and , on this bnsiss he preferred to ,take no action at this time but take positive action when the matter actually comes up for council consideration of the annexation, Aft~er further discussion, Councilm~- Drake moved, seconded by COuncilman Hartman to grant permission to these residents to co~uen6e annexation proceedings in accordance with the Annexation Act of 1913s c~only .known as the inhabited Annexation Act. Motion taxtied by the followring vote: AYES: Brazil, Hartman, Drake NOES: Langwill ABSENT: Ciennen The Staff was directed to compile data for this areas in accord- ante with the Council annexation policys for presentation at the next meeting. B. teAL (1) Mr. Lee Diels Attorneys representing Mrs. Ann Obenauers appealed to the CoonciI to grant their approval of his endeavoring to find a solution to Mrs. Obenauer~s problems regarding Herrimun Avenue widening. He stated that his services would be volueteer- ed in an effort to re-locate the widening to the westerly sides Obenauer rather than {~ediately in front of the Ohenour property and Propert-f- that he beltaved a solution could he arranged at no cost to the Herriman city and with the approval of ~he State. He presented a petition AVenue to the Clerks signed by 45 personsT requesting the relocation. After discussions Cooncil concurred that Mr. Dfel be allowed to proceed in his efforts to have the widening relocated at this points provided he do so in conjunction with the City. Engineer and provided, further. that it be done at no cost to the City. · (2) Mr. Lee Die1 requested the council to relocate the stop sign on Baranga Lane at Three Oaks gay to Three Oaks gay. Re stated that Stop Sign his is one of the six residences on Baranga Lane and thats al- 3 Oaks gay though they have no objection to the stop sign on Baranga Lanes at Baranga they feel one is more urgently needed on the Three Oaks gay side of the intersection. to stop the speeding of motorists who cut through from Saratoga-Los Gatos Road to Fruitvale and endanger the lives of the children and pets who wait for the school bus at this intersection. ~ith no objections the Mayor directed that the matter be referred to the Department of Public Works and the Chief of Police. VIII ADJOURZ~NT CounCLlman Hartmnn moveds seconded by Counc~.lm~n Drake to adJeern '~e!~m~et~g, Motion carried unanimously 10.' 10 P. M.. Respectfully sub~itted, GORDON H, H(XqE, CITY CLERK