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HomeMy WebLinkAbout02-20-1963 City Council Minutes SARATOGA CITY COU~!CIL S~{ARY OF ~IMUTHS TI~: ~ednesday, February 20, 196S 7:SO P. M. PLACE: Fruitvale School, Fruitvale Avenue, Saratoga, California TYPE: Regular ~!eetin~ I ORGANIZATION Mayor Brazil called the meetin~ to order at 7:40 P. A. ROLL CALL Present: Brazil, Glennon, Drake, Hartman, Bitchic Absent: None B. MINUTES Councilman Ritchie moved, seconded by Councilman Drake to dispense with the reading and approve the February 6, 1965 minutes, as mailed. Motion carried unanimously. II BIDS AND CONTRACTS None III ORDINkNCES AND FORmaL RESOLUTIONS A. ORDINANCE NS-5-ZC-12 Ord. Councilman Drake moved, seconded by Councilman Hartman to adopt NS-3-ZC-12 Ordinance No. NS-3-ZC-12, this bein~ the second reading of the ordinance rezonin~ from R-~-4,000x to Conditional C-C, the triangular piece o~ property bounded on the north-west by Sarato,a Creek., on the north- east by Fourth Street and on the south-east by the existing C-C zone. Motion carried unanimously. B. ORDINANCE NS-5-ZC-15 Councilman Hartman moved, seconded by Councilman Bitchic to adopt Ord. Ordinance No. MS-5-ZC-15, thfs being the second reading of the ordi- NS-5-ZC-I~ nance rezoning from A to R-l-IS,000, approximately 7.S acres located north-west o~ l~arleigh Drive, south-west of Portos, and south-east of ~endy Lane. Motion carried unanimously. # IV SUBDIVISIONS AND BUILDING SITE~S A. SDR-560 - LUCEAL '~ES~OBELAND SDR-560 Councilman Hartman moved, seconded by Councilman Drake to adopt Reso- Westmoreland lution No. SDR-560-1~ approving two lots on Souza Lane as a buildin~ site for a rest home. ~lotion carried unanimously. B. SDR-594 - ELTON P. WUNSCH SDR-S94 Councilman Drake moved, seconded by Councilman Hartman, to adopt Wunsc~ Resolution No, SD~-~94-1, approving one lot on Sobey goad as a buildin~ site. ~!otion carried unanimously. C. SDR-~71 - H. J. STEPNER SDR-571 Councilman Hartman moved, seconded by Councilman Bitchic to adopt Sterner Resolution No. SDR-571-1, granting buildin~ site approval to H. J. Sterner for one lot on E10uito ~ay. ~!otion carried unanimously. D. SDR-S48 - GOOD~','IN B. STEINBERG Deputy Clerk reported that Mr. Steinber~ has requested final approval SDR-~48 of his building site application but has not submitted an offer o~ Steinberg dedication for Highway #9, as required by the report of findings adopted by t|~e Council on appeal from the conditions o~ tentative buildin~ site approval. -I- Director of Publi~ Works announged that nreeise ri~ht-o~-way require- ments have not been determined, pendin~ the Board of Supervisor~s action on the City*s request for Highway #9 ri~h~-o~.way acquisition funds, and that the Board is expected to act on this'matter at its meeting of February 25. ~r. Anthony Loberio, attorney representin~ Mr~ Steinberg} discussed the matter with Council and a~reed to continuation until next meeting for determination of the exact right-of-way requirements. Councilman ~lartman moved, seconded by Councilman ~.itchie to hold the Steinber~ buildin~ site approva~ matter over to the next regular meeting 9~ aqarch 6~ 1963. ~otion carried unanimously. E. TRACT 3143, PRIDE'S CROSSING UNIT #1 Tr. 3143 Councilman Glennon moved, seconded by Councilman Hartsart, to accen% Construction for 'construction only, the improvements in Tract 3143, Pride's Crossin~ Acceptance Unit #1, as reconunended by the Director of Public ~orks. ~otion carried unanimously. F. SDR-291 - ~. G. I~ATROUS SDR-291 lLG.~atrous Councilman Ritchie moved, seconded by Councilman Drake to release the Bond $100/00 bond and the $540.00 bond posted by Dr. ~. C. !~atrous to Release guarantee completion of conditions of buildin~ site approval. ~otion carried unanimously, V PUBLIC HEARINGS None VI OLD BUSINESS A, SDR-387 - DR. !q~ H. OTTO, Director of Public ~qor~s reported~hat in researching the matter of SDR-387 storm water fee credits, he had discovered a letter from Josenh Sweany Otto - to the City Administrator, dated NovemBe~ 19, 19S9, establishinfl a Sterm policy of not allowin~ credit a~ainst storm water fees for flood control Water channel work. Fee Credits Council discussed Rev. Strasbur~er's request that storm water fee credits be allowed on the basis of a different policy for nrivate residences than that ~pplied to subaividions, ahd questioned Council legal authority to allow such credits. Councilman Drake moved, seconded by CounCilman Glennon to continue the matter to the next meetin~ for a report from the City Attorney on the legality o[ allowing such credits. ,~otion'carried unanimously.. B. JOINT STORM DRAIN DISTRICT Director of Public ~orks submitted a report,.aa~ed February 20, 1963, indicatin~ the cost to the City for the ropoS a ~tbrm. d~aina~e system and right-of-way would be $17,658.25, anh r~. ~fike Sp~'~t~one s~ated Joint that the engineers a~ree with the Director of Public works on the ~igures Storm set forth in this report, Drainage District Planning Committee Chairman GlennOn reported that Staff en~ineerin~ advice will be necessary re~ardin~ the Highway #9 right-of-way and the Alpha Land Company develonment, and that this item is expected to be resolved by the next meeting. The Council concurred that the City Attorney be directed to draft an a~reement for the joint storm drainage district, based on the figures and reco~..,mendations contained in the Director o~ Public lVork's report of February 20, 1963, and that this a~reement be nlaced on the aeenda for Council consideratio~ at the next reqular meetin~ of March 6th~ Recess: 9:17 P. M. Reconvened: 9:40 -2- C. SARATOGA LIBRARY FACILITIES Mr. GeorGe Farrier~ Santa Clara CoUnty Librarian, summarized the ~ec- co~endations contained in his report, dated February 14, 1963, reeard- inK ~aratoea ~ibrary facilities, conies of which had been delivered to each council member. Mr. Farrier's report cont:~ined a copy of Mrs. Georgia Ryder's masters thesis relative to site location and Facilities Saratoga for the Saratoga library. Mr. Fartier stated that he does not agree Library with the Saratoga Library Commission that a library should be constructed Facilities on the Civic Center Site and asked that the matter of new library buildinK facilities be referred to the Plannin~ Commission for study and that he be invited to participate~in these ~tu~ies. Council dis- cussedthe. matter with.~r. Fartier and advised him that it has already beeb ~efer~d ~o the General Plan Committe~ of ~he Plannin~ Co~.~mission fo~ stddy a~d re~ommehda~ion~ ~dn~i in~i~ed Mri ~a~e~. ~rs~ ~Ryder ~nd Mr. Earley to participate ifi ~he Ge~e~l pl~n~c~n~ttee studies, in view of the ~ct~hat all Darties are aereed as to the need for new facilities and ureed caution ~s disagreement as to location could ~eoDardize this'vital issue. Mr. Fartier requested clarification of a clause inserted, by the City, in the Lease-A~reement for the present library building, and Councilman D~ake was authorized to meet with ~r. Fartier to discuss this matter. VII A~INISTRATIVE ~TTERS A. ~AYOR Hwy.#9 (1} Mayor reported that the County Trafficways C~,m~ittee has unanimously r/w a~reed to recommend to the Board of Supervisors that the City's acquisition request For funds for acquisition of ri~ht-oF-way on Hiehway #9 funds be approved and that this item has been placed on the a~enda for the Board meetin~ of February 2S. (2) ~iayor distributed copies of Senate Bill #S~4 providin~ for.addi- Senate riohal funds for city streets by increasing' hiRhway user taxes, Bill #344 and requested the Council to study this bill before the next Highway User meetin~ and indicate their views at that time. Tax (~ ~layor announced the resignation of City Clerk-Administrator Gordon H. |!owe~ effective March 51, 196S, and reported that discussions with ~fr. Howe indicate his decision is based on personal reasons G.Howe . and is firm. Councilman Drake moved, seconded by Councilman Resignation Ritchie to accept the resignation, with re~ret, and eXnress the Council's appreciation for Mr. Howo's services since his appoint- ment on Hay 1, 1960. Motion carried unanimously. ' Councilman Hartman moved, seconded by Councilman Ritchie, that leave of absence with pay be ~ranted to ~r. Howe for the month of Harch~ 196S. Motion carried unanimously. (4) Councilman Ritchie moved, seconded by Councilman Glennon to adqpt Res. 40-2 Resolution No. 40-2, amendine Resolution Mo.'40-1 by authorizine Deeds ~ the City Attorney to accept deeds and ~rants on behalf of the Grants and that the Deputy City Clerk be authorized to release buildin~ site approval improvement bonds up to an amount of $500.00, with bonds over $500.00 to be released by City Council action. ~otion Release of carried unanimously. bonds B. FINANCE~ Bills (1) Councilman Drake moved, seconded by Councilman Hartman to approve the disbursements on the ~ist dated February 20, 196~, for a total amount of $9,209.61, and authorize that warrants be drawn in payment. ~otion carried unanimously. Finance (2) City Clerk~s Financial reDoft and Treasurer's report for tile Reports Month of January, 1963, were submitted and aDproved. C. C~ITI~E REPORTS (I) Councilman Glennon noted, as a possible aid in obtainin~ dedi- r/w cations for Highway #9 right-of-way, that a recent Superior Court dedications decision ruled that donations to a city ~or rieht-of-way may be deductible taken as income tax charitable deductions. (2) Councilman Glennon outlined a report from Planning Commissioner Saratoga Crisp and Plannin~ Director'Stanley Walker, who represented the High School City at a High School Board meetinq for study of a third high Site school site to be acquired by the district, and stated that elimi- nation of the Fruitvale and Farwell ;~venue site in Saratoga has not been assured. Councilman Glennon moved, seconded by Councilman Hartman that the School Board be officially notified that the Council stronqly opposes use of the Fruitvale and Farwell Avenue area in Saratoga as a site for a third high school. ~otion carried unanimously. {3) Councilman Hartmnn reported the ~'~ater Commission has accepted the ~ater sub-committee proposal for the water imDortation program by a Commission margin of 17 to 1 and will now recommend the proposal to the Board of Supervisors. He stated that efforts will be made to change legislation to allow the flexible tax proposed and, also, that the Committee plans to recommend to the l~later Conservation District that their requirements re~ardin~ pump tax financing be ch~n~ed~ ~y~or Brazil-Commen~ed Councilman I~artman for his substantial accomplishments as the City's representative on the ~'~ater Commission. (~) Cou~cilman Gllennon reported that technical problems have been encountered in efforts to correct a drainage problem, originally Balgooyan brought to th~ attention of the Cou~cil se~e~al years a~o by ~r. Drainage Bal~ooyan~ He recommended that the cost o~ d new drain pipe be ~ut!~0rized in:retd~n for ~r. Bal~ooyan ih~a~lin~ the pipe'and deeding the city fin easement ~or the drain pipe. Councilman Glennon mGved, seconded by Councilman Drake to author- ize the Public ~orks Department to purchase the necessary pipe, .. up to a maximum amount of $200.00, in accordance with the above ._~--~"" recommendation. ~otion carried unanimously. (S} Councilman Hartman repor'ted he had investigated the,request from Souza Lane residents for removal o~ two eucalyptus trees at the Souza La~e entrance to Souza Lane and recomraended that the most northerly Eucalyptus tree be removed but felt ~at the tree on the southerly side of Trees the entrance would create no problems and should not be removed. Councilman Hartman moved, seconded by Councilman Glennon to grant authorization for the removal of the most northerly eucalyptus tree at the entrance to Souza Lane. ~Iotion carried unanimously. Council discussed with Souza Lane residents the status of the area and agreed to have a survey made by the Department of Public Works to determine whether the tree is on City right-of-way or is privately owned. O. DEPAR~NT HEADS AND OFFICERS (1) Director of Public ~orks recommended, as a result of investieation Fifth St. of ~r. Robert ~alters request for abandonment of the unimproved Abandonment portion of Fifth Street, that the street be abandoned subject to obtaining right-of-way for a public pedestrian access to the lower portion of ~ifth Street and to Oak Street. ~ayor directed, with council apDroval, that the City Attorney be instructed to draw up the necessary documents for the abandonment and pedestrian easement; and the matter then be placed on the agenda for further action. E. CITY AR'~IMISTRATOR J. Huff Councilman Glennon moved, seconded by Councilman Drake to designate Acting James R. Huff as Acting City Administrator until the vacancy created City Adm. by Mr. Howo's resignation has been filled. ~otion carried unanimously. VIII COmmUNICATIONS A, IqRITTEN (1) Council discussed a letter~ si~ned by 13 residents of the ,Ouito ROad area, listin~ objections to any proposed extension of Daves Ave. Daves Avenue tO connect with East Maude Avenue at the present ExtenSion ~ria~e across San Tomas Creek; and questioned Saratoga'juris- diction in this matter. Mr. O. K. Freyschla~ of 15124 Ouito Road, explained that although they had not actually been advised that this extension is pro- posed, they surmised that it would be and wished to voice their objections at this time. After discussion of development in adjacent cities, Council agreed that the Plannin~ Department be requested to contact Monte Sereno and Los Gatos Planning Departments regarding their street pattern and circulation plans. B. ORAL Mayor Brazil acknowledgeds.~dth appreciation, the nresence of Plannin~ Commissioner Crisp and the attendance of Plannin~ Coxmissioner Cowley for part of the meeting. IX ADJOU,~NT Councilman Hartman moved, seconded by Councilman Drake to adjourn the meeting. ~otion carried unanimously 11:20 P. M. Respectfully submitted,