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HomeMy WebLinkAbout02-06-1963 City Council Minutes SARATOGA CITY, CO[~CIL S~,~RY OF HINUTES TI~: l~ednesday, February 6~ 1963 7:30 P. M. PLACE: Fruitvale School, Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I ORGANIZATION Nayor Brazil called the meeting to order at 7:40 P. ~. A. ROLL CALL Present: Brazil, Glennon, Drake, Hartman, Ritehie Absent: None B, ~iINUTES Councilman Hartman moved, seconded by Councilman Ritehie, to waive the reading and approve the minutes of the January 16, 1963 meeting, as mailed. Motion carried unanimously. II BIDS AND CONTRACTS None Ill ORDINANCES AND EOR~AL RESOLUTIONS A. ORDINANCE 3E-2 Ord. 3E-2 Mayor stated that, as a result of the joint study session of the Planning Emergency Commission and City Council reeardin~ hillside development, the City Ordinance Attorney has dralcn a temporary interim ordinance re~ulatin~ hillside re Hillside lots and subdivisions within the City, said ordinance to be in of~ect Development for one year or until the sooner adoption of porm. anent amendments to the City ordinances re~,ulatinff such development. Councilman Hartman moved, seconded by Councilman Glennon to ~dopt emergency ordinance No. 3E-2, as read by the Clerk. ~lotion carried unanimously. IV SIJBDIVISIONS AND BUILDI~2G SITES SDR-356 A. SDR-356 - ~RIO F. S~!T,~CROCE Santacroce Councilman Ritehie moved, seconded by Councilman Drake to adopt Resolution No. SDR-~S6-3, npprovin~ Parcel D, ns sho~m on the record of survey of. SDR-3S6, as a buildin~ site. ~!otion carried unanimously. B. SD-327 - BROVN ~ KAUFF~ANN, IMC. SD~327 Tract Councilman Glennon moved, seconded by Councilman Hs~'tman to adopt 2969 Resolution No. SD-258/383-1, approvin~ final map of Tract 2969, Prides Crossin~ Unit #3. ~otion carried unanimously. C. SDR-395 - JA~.~S H. IAFLIN SDR-395 Councilman Drake moved, seconded by Councilman Ritehie to adopt Laflin Resolution No. SDR-395-1, crantin~ bulldine site approval to James H. Laflin for one lot on Allendale Avenue, said lot havine been declared by the City Attorney to be a legal non-conforminff lot. Motion carried unanimously. D, SDR-387 - DR. !~. tL OTTO, JR. 8DR-387 !?.H.Otto Deputy Clerk reported that all conditions of buiidin~ site approval had been met except that the applicant was unable to have the survey map recorded before this meeting. 'Councilman,Drake moved, seconded by Councilman Hartman to approve the three lots located off IVoodview Lane as buildin~ sites, subject to recordation of the survey map, ~tion carried unanimously. SDR-387 Council briefly aiscfissed a ~e~est fg~ sto.'m;,water fee credits in Storm water connection with development of tmse three building sites and referred Fees the request to Staff for investigation and recommendation at the next regular meeting. V PUBLIC HEARINGS - 8:00 P. M. A, MTo EDEN ESTATES ASSESSMENT DISTRICT Public hearing opened at 8:20 P. Me on the assessment for Mr. Eden Estates Assessment District. Deputy Clerk reported that no written Mt. Eden protests had been received in response to publication of notice of Estates public hearing. Assessment District Director of Public Works and K~. Kenneth Jones~ representin~ the bondin~ attorneys in this matter~ were present to answer questions Public regardinE the assessment district roll and diagram. tlearing on Mr. Hale Zimme.rman~ 1952 San Rome ~qay, San Carlos, questioned the Assessment basis for assessment and was informed that assessments had been computed on the basis of 75, on the number of sites, 15~ on area~ and 10~ on frontage. Mr, Zimmerman objected that this basis of assessment is inequitable inasmuch as he owns the parcel of land which has the longest frontaEe. No one else present wished to comment regardin~ this matter and Councilman Glennon moved~ seconded by Councilman Ritchie to close the public hearing. Motion carried unanimously 8:38 P. M. Res.141 Councilman Drake moved, seconded by Councilman Hartman to adopt Confir~in~ Resolution No. 141, confirmin~ assessment for Mr, Eden Estates Assessment' Assessment District. Hotion carried unanimously. B. C-51 o DR. THOMAS E. PARKER Public hearin~ opened at 8:42 P. ~. on the application of Dr. Thomas C-51 E, Porker to fezone from R-M-4,000X to C-C, the triangular piece of Dr. Porker property.bounded on the north-west by Saratoga Creek, on the north- Rezonin~ east by Fourth Street, and on the south-east by the existing C-C zone. Deputy Clerk reported that the Planning Commission has recommended conditional Community Commercial rezonin~, restricting use of the area to professional offices. No one present wished to address the council in this matter and Deputy Clerk stated that notice of hearing had been published according to law and no written communications had been received. Councilman Hartman moved, seconded by Councilman Ritchie to close the public hearinE. Hotion carried unanimously 8:48 P. M. Ord. Ordinance NS-3-ZC-12, conditionally rezening property on the application NS-3~ZC-12 C-51, Dr. Thomas Eo Parker, was introduced and continued to the next Introduction meeting for second readin~. C. C-52 - MASON CROCKER CORPORATION Public hearing opened at 8:50 P. M. on the application of Hason Crocker C-S2 Corporation to fezone from A to R-I-iS,O00-P-D, approximately 7.5 Mason acres located north-west of Harleigh Drive, south-west of Portos, and Crocker south-east of ~endy Lane. Deputy Clerk reported that no written Rezoning communications had been received in response to publication of notice of hearing and that the Plannin~ Commission recommends 'the area be rezoned to a minimum ef R-l-iS,000 and that the request for Planned Development be denied. Council studied the tentative map of the area ~ich has been approved by the Plannin~ Ce.~.ission~ subject to rbzonin~ ~o R-l-15~000. Mr. Butler~ 19311Portos Court~ endorsed the Plannin~ Commission recommendation that Planned Development be denied and R-l-IS,000 zoninE be approved. Mr. Butler also asked that the Council consider establish- ing 15,000 square feet as the minimum size lot allowed in the City of Saratoga. -2- No one else present wished to speak regarding this matter and Council- man Glennon moved, seconded by Councilman }|artman to close the public hearing, Motion carried unanimously 8:59 P. Ord, Ordinance NS-5-ZC-15, rezoning property from A to R-l-15,000 on the NS-3-ZC-15 application No, C-52, biason Crecker Corporation~ was introduced and Introduction continued to the next meetin~ for second reading, Mayor Brazil informed ~{r, Butler that his recommendation re~ardi~g a 15,000 square foot minimum lot size will be considered at the time of the annual General Plan review. Recess: 9:00 Reconvened: 9:33 P. VI OLD BUSINESS A. SDR-361 - CHARLES MARlDON SDR-361 Marldon Councilman Glennon, Chairman of the Planning Committee, tenorted that, Access as a result of investigation and discussion with Mr. Marldon, the Road Committee recommends that Mr. Mariden's request for alleviation from the minimum access road requirement of building site approval be denied. Councilman Glennon moved, seconded by'Councilman Hartman, that Mr. Maridon's request be denied and no modification of the required minimum access road by allowed. Motion carried unanimously. Council and Staff discussed the provision of the Subdivision Ordinance whereby b~. Marldon can be reimbursed by future developers who use the access road and suggested to ~r. Don Kiser, who was present on behalf of Mr. Maridon~ that the Planning Director be contacted in this regard. Concurrently, the Council a~reed that the Plannin~ Commission be requested to review the basis for reimbursement of minimum access road costs in an effort to establish a more equitable means of computa- tion than the present front foota~e basis. B. JOINT STO~,4 DRAIN DISTRICT Councilman Drake reported that the proposal for a joint storm drainage district-was continued from the last meeting for study of the cost Joint comparison report compiled by the Director of Public l~orks and that Storm although he was unable to verify that the figures were correct, he Drain did feel it might be the most effective means, in the long run, for District the City to acquire an adequate storm drain system for the area. Director of Public tVorks stated that acceptin~ the proposal would result in the advantage to the City of a system completely constructed at one time~ rather than by piece-meal construction as the area develops and also that right*of-way for Highway #9 would be acquired which the City might othen~ise not be able to acquire. Mr. Leo Ruth, Mr. Bill Bain, Mr. Mike Splitstone and Mr. John Griffin, representin~ engineers and developers within the proposed district, spoke in support of the proposal as presented and objected strongly to the City requirin~ right-of-way for Highway #9 in connection' with the storm district proposal. They contended that the matter of right- of-way is not related to the storm drainaqe district and that it was not part of their proposal. Council discussed the matter at length with the engineers and Mr. Griffin and studied an approved tentative map of the Alpha Land Company showing a dedication of 25' on HiKhway #9. Mr. Griffin, statin~ that one lot near Highway #9 is privately owned and not included in the Alpha Land subdivision, requested that any connection between the storm drainage proposal and development of his subdivision be worked out at a special meeting before he prepares his final map. -3- CoSts of the proposed district were discussed,with the engineers stating that their com~utationO do not indicate the loss to the City as figured by the Director of Public l~orks, and Council confirmed its aFreement to the Storm Drainage district proposal~ subject to agree- ment as to cost, Councilman Hartman, noting that all the p~rties are vitally interested $n agreeing to a proposal that is equitable and fair~ moved that the Director of Public Works be directed to confer with ~{r. Splitstone in an effort to correlate th~i~ cost figures and' that the matter of Highway #9 dedication, as related to the Alpha Land 'Company subdivision, be referred to the Plannin~ Committee of the Council and the Subdivision Committee of the Planning Commission. ~otion was seconded by Councilman Ritchie and carried unanimously. Co ALLENDALE AVENUE WAL~AYS Director of Public |~orks reported that a minimum type, 1800 ]ineal foot walkway could be installed alon~ AllendaleAvenue at a cost of approxi- Allendale mately $722.00. Council, observin~ that this area is undeveloped and Avenue therefore not suitable for improvement on a participation basis, l','alkways agreed that a policy will be developed re~ardin~ construction of walk- ways when ~hey mo~t to. study the Parks and Recreation Committee recommendations. Councilman Glennon moved, seconded by Councilman Drake, that the walk- way on Allendale Avenue be constructed in accordance with the report from the Director of Public ~orks. ~fotion carried unanimously. VII NEI'/BUSINESS A. SARATOGA CLUB REQUEST FOR CARD ROOH PERMIT Deputy Clerk reported that Mr. Robert Edniston, Jr., had aDplied for Saratoga a card room perm. it for the Saratoga Club and tile Chief of Police and Club Sheriff's Department had recommended denial of the permit on the basis Card room of law enforcement problems created by card rooms in ~eneral and on the Permit record of c~nplaints and disturbances at this establishment in particular. Hr. Edmiston objected that all comDlaints had been filed under previous o~merships and Councilman Glennon, advisin~ ~r. Hdmiston that his proprietorship was not in question, stated that he was not in favor of a card room use in the City of Saratoga at any location. The City Council concurred with this view nnd Councilman Clennon moved, seconded by Councilman Hartman to deny a card room permit for the Saratoga Club. Hotion carried unanimously. VIII A~MINISTRATIVE MATTERS A. ~YOR I.C.C ~4ayor announced that the Inter-City Council will meet tomorrow evenin~ Mtg. in Morgan Hill. B. FINANCE Councilman Drake moved, seconded by Councilman Glennon, to approve the Bills disbursements on the list dated February 6, 196t, totaling $9,925.34~ and authorize that warrants be drawn in payment. Motion carried. C. CO~I'I'r~ES AND REPORTS (1) ~. Charles Earley, Chairman of the Sarato-a Library Commission, road a report to the Council dated January 30, 1963, recommendin~ Library that the Council consider at this time authorizin~ preliminary Commission architectural studies for construction of a library buildin~ at Report the Civic Center Site. He suggested that a combination library- council meetin~ hall be considered and that it be submitted to'the voters on the parks and recreation bond issue. Council ~ave approval to time Plannin~ Director's suggestion that this report be referred to the General Plan Commi;:tee of the Planning Commission for study in conjunction with their review of Mrs. Robert Ryder's report re~ardin~ location of new library facilities. Council discussed the report and agreed with Councilman Drake that the matter be continued for study and that ~{r. Earley be requested to consult County Librarian~ ~lr. George Farrier, to obtain his views regarding the report and recommendations. (2} Councilman Ritchie reported that a suggestion has been made that Permanent the permanent ordinance regulating hillside development be drmm Hillside by the Planning Consultant firm of Livingston and Blayney, and Development Council agreed that the City Plannin~ and Legal staff is well Ordinance qualified to draft the ordinance, although professional planning services will be available to the staff on a consultant basis, if needed. (3) Councilman Hartman reported that some progress is being made by the Water sub-committee of the !~ater Commission, although objections are Commission still being presented to the financing aspects of the latest Report proposal, and that a final decision and recommendation to the lqater Commission is expected at the next sub-committee meeting. D. DEPARTMENT HEADS ~D OFFICERS (1) Plannin~ Director~ Stanley !~alker, in answer to a request re~ardin~ Parks ~ the Parks and Recreation Committee recommendations, was directed Recreation to obtain accurate cost data for council use as criteria during Progress its consideration of the projects recommended. Highway #9 (2) Director of Public Works reported that he has 'received, fro~ the acquisition City Attorney, the proposal for acquisition of right-of=way on of r/w Highway #9 and that copies will be mailed to the property owners this week. (3) Director of Public !qorks called attention to an error in Resolu- Res. 140 tion No. 140~ adopted January 16, 1963, establishing stop inter- re stop int. sections at the intersections of Glen Brae Drive with Scotland re-adoption Drive and Beaumont Avenues. He stated that the resolution should read that all vehicles traveling on Glen Brae Drive in an easterly (originally designated as "northwesterly") direction shall stop before entering or crossing Beat~ont Avenue. Councilman Glennon moved, seconded by Councilman Hartman to re-adopt Resolution No. 140, as corrected. Motion carried unanimously. F.CITY ADMINISTRATOR No reborts IX CO~UNICATIONS A. WRi'Ii~N Sousa Lane (1~ A letter signed by nine residents of Sousa Lane requesting re- Eucalyptus moval of two eucalyptus trees at the entrance to Sousa Lane was trees referred to Councilman Hartman for investigation and recommendation. cattle in (2) Council received informational copies of a letter directed to R zones the Planning Commission by Mr. H. R. Harvey relative to the keep- ing of cattle in residential districts. Fifth St. (3) A request from Mr. Robert C. Waltors for the abandonment of Abandonment the unimproved portion of Fifth Street was referred to the Request Director of Public X'Iorks for investigation and report at the next re.eular meeting. (4) Director of Public ~orks reported, in connection with a letter Fruitvale from ~s. R. Emmett Carolan, President of Fruitvale School P-TA, Ave. that plans for the first phase of ~idenin~ Fruitvale Avenue will improvement be submitted tothe State the first part of Hatch and that the pathways on Fruitvale Avenue are included as part of the Parks and Recreation Committee recommendations. Council directed the Director of Public l~orks to advise Mrs, Carolan of these plans in a reply to her request for action on the widening and pathways on Fruitvale Avenue. (5) Council discussed a lette~ from Mro O. K. Freyschla~ regarding Bridge the brid~e over the San Tomas Creek between the Freyschla~ and San Tomas Iwagaki properties and referred the matter to Staff for investi- Creek gation~ with a request-thatFlood Control District be contacted and a report submitted at the next regular meeting. Bo ORAL CO~f~J~.IICATIONS None X ADJOUrNmeNT Councilman Drake moved~ seconded by Councilman Hartman to adjourn the meeting. ~fotion carried unanimously 12:2S P. ~i. Respectfully submitted, "DEPUTY~C!TY CLERK'.~' " .,