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HomeMy WebLinkAbout03-20-1963 City Council Minutes SARATOGA CITY COUNdlL SUMI~ARY OF MINUTES TIME: Wednesday, Hatch 20, 1963 - 7:30 P. M. PLACE: Fruitvale School, Fruitvale Avenue, Saratoga, California TYPE: Regular I ORGANIZATION .. Hayor Brazil called the meeting to order at 7:40 P. M. A. ROLL CALL Presenti Brazil~ Glann0ni Brake, Hartmen; Ritehie Absent: None B ~- MINUTES Councilman Ritchia~mm/a~+ ~edd~ed b~! codndil~an Drake, to dispense with tha readin~ ahd approve ~h~ mindtas ~{ ~ha Mar~h 6, 1963 meatin~. as mailed. Motion ~a~ried ii BiDs A~m CONTRACTS A. AGREEMENT FOR ACQUISITION OF COHPLETED STORM DRAINAGE SYSTEH Agreement- Joint Storm Council agreed with the Director of Public Works that the letter, dated Drainage March 19, 1963, from the Alpha Land Company, is, in the main, irrelevant System to the agreement for acquisition of completed storm drain system. City Attorney advised that he had drawn the agreement and approved it for forms based on the cost figures presented to the Council at the last regular meeting, and Councilmen Glennon moveds seconded by Councilman Hartman, to authorize the Mayor to execute the agreements as presented. Motion carried unanimously, III ORDINANCES AND FORMAL RESOLUTIONS Re,. 142 A. RESOLUTION NO. 142 - SUPPORTING THE RECOMMENDATIONS OF TEE SANTA Water CLARA COUNTY WATER COMMISSION. Program Deputy Clerk reported that the Santa Clara County Board of Supervisors has adopted the recommendations of the Water Commission and Councilm~- Hartman was requested to study their formal resolution, along with a sample resolution of endorsement of the Boardss action, and to report his recommendations after the recess. B. ORDINANCE NS-4o2 Oral. erdinance NS-4.2 was introduced, being AN ORDINANCE OF THE CITY OF NS-4.2 SARATOGA ADOPTING BY REFERENCE CERTAIN PROVISIONS OF TITLE 5 OF THE Private SANTA CLARA COUNTY ORDINANCE CODE, AS AMENDED, 14HIGH REGULATES PRIVATE Patrol PATROLS. Deputy Clerk was directed to set the tir~_ and place for Regulation public hearing of Ordinance NS-4.2, and the matter was continued until such hearing. C. ORDINANCE 3E-3 Ord. 3E-3 Councilmnn Glennon moved, seconded by Council_mc~ Ritchie, to adopt Interfin urgency and ~m~rgency Ozdinance No. 3E-3, as read in it~s entirety, Zoninl~ bein~ A TENPORARY INTERIM ZONING ORDINANCE PROHIBITING CERTAIN USES OF CERTAIN LANDS WITgIN THE CITY OF SARATOGA. Motion carried unav!mnusly. IV SUBDIVISIONS AND B. UILDII~G SITES A. SDR-368 - STANDARD OIL COMPANY SDR-368 Standard Councilman Drake moved, seconded by Councilman Rttchie to grant condi- Oil Co. tional final buildin~ site approval to Standard Oil Company, on their application SDR-368; said approval to become unconditional upon the applicant~s initialin~ the followin~ correction to the wordin~ of the agreement; "Widen road paving on Oak Street to 20 feet, usin~ inch plant mix surfacin~ ...... "to be chan~ed to read "l~iden road pavin~ on Oak Street to 20 feet from centerline to westerly curb line, usin~ 2 ~- inch plant mix surfacin~ ...... ". Motion carried unanimously. Deputy Clerk'read a report from the Direc~o~ o~ Public geCkOS' da~ed SDR-348 Hatch 20~ 1963~ recommending that the entire Stef=~erg p~rcel be Steinberg acquired by the city as it appears that the right-of-way re~uir&d f~ Highway ~9 improvements will preclude practical development of the proper~y. Hr. Anthony Logoties Attorney representing the applicant, requested action on the application for final building site approval and was advised~ by the City Attorneys that the Council has been unable to grant final approval on the basis that all the conditions of tentative approva~ have not yet been complied with and on the premise that it is feasible that it will not be possible to develop the property. City Attorney advised that the application can be denied~ ~ithout preJudice~ thereby enabling the applicant to obtain final building site approval if the conditions of tentative approval are met before the expiration date of said tentative approval, Councilman Glennonmeveds seconded by Councilman Hartman to deny, ~ithout prejudices the request from Good~rin B, Steinberg for final building site approval of the applicant~s property located st Arbeleche Ln~e and Highway ~9, riotion carried unanimously, V PUBLIC HEARINGS AND HEARINGS ON APPEAL A. SDR-381 - ROBERT NORCAN SDR-381 Hearing on appeal of Robert Horgan from Planning Commission action Robert regarding application for building site approval for three lots on Morgan June ~ayvas opened at 8:45 P. N. Appeal Deputy Clerk read H r. Hergangs letter of appeal~ dated Hatch 12, 1963, and also read a chronological record of action relative to this applica- tion for buildin~ site approval. Hr. Norgan requested that the file be marked for court identification and evidence and Dequty Clerk identified the file~ by name and number~ for recordation by the Cour~ Reporter present. ~r. Horgan stated that he had requested his attorney~ Hr. Hagera to ~ithdraw the application and submitted an affidavit si~ned by H r. Hageras secretarys to the effect that she had~ via telephone~ requested vithdra~al of Nr. Hergangs application for building site approval prior to the Planning Commission action in denying the application. City Attorney reported that~ in a conversation ~ith the Planning Director and Secretary of the Planning Co~vntssians Stanley ~alkers he had been advised that the Planning COnmission vculd have been villing to vithdra~ the application had they had substantial evidence of such request in their files but that the method chosen had not been considered adequate as far as the cityss files are concerned. Councilm~ Glennon moveds seconded by Councilman Ritehies to close the public hearing. 'Hotion carried unanimously 9:00 P. H. Councilm~n Hartmen moveds seconded by Councilman Drake~ to revoke the Planning Co_~m~ssion decision in denyin~ the application for building site approval and make the finding and declaration that the matter is ~ithdrawn and is an abandoned action and that the motion is made on the basis that Mr. Norgan consents to this method and mode of decision~ ~aiving any Jurisdictional defects that might exist by use of this procedure. Hr.'Horgan stated~ for the record~ that he did consent to this procedure~ ~aived any and all jurisdictional defects that'might exist, and consented and agreed that his entire application for building site approval be ~ithdrawn and abandoned by him. Based on these representations the council then unanimously adopted the motion above stated~ and said application vas thus abandoned and withdrawn. III ORDINANCES ANDFORI~kLRESOLUTIONS (CONTINUED) A. RESOLUTION NO. 142 Res. 142 ~ater Council~nnn Hartmnn reported that the originat resolution prepared for Program council action at this meeting has become outdated as the County Board of Supervisors has taken the action previously requested by the Council. He therefetes moveds seconded by Councilman Ritehie to adopt substitute Resolution No. 142~ as presented and read; said resolution endorsing the ~ater bond program as adopted by the Board of Supervisors on VI, ADMINISTRATIVE MATTERS A. MAYOR No reports B. FINANCE (1) Councilm~n Drake moved, seconded by Councilman Hartman to approve Bills the list of disbursements dated March 20s 1963, for a total amount of $10s241.31, and authorize that warrants be drawn in payment. Motion carried unanimnusly. (2) Treasurer's report and City Clerk's Financial Report for the month of February, 1963, were submitted and accepted. C. COUNCIL COMMITTEE REPORTS Joint (1) Councilman Glennon reported that he and Counci]mnn Hartman had Swimuing met with Mr. Card and Mr. Olmstead of the Los Gatos High School Pool Board in an effort to reach an agreement whereby the city might Project arrange a bond election for a joint swimmiU~ pool. He stated that the meeting had been informative and productive to the extent that the school representatives advised that they intend' to rec- tomend to the Board that it con=nit itself for funds to construct the type pool they feel will meet their needss with the under- standin~ that the City will then determine.how much larger such a pool should be to serve the conmmnity needs as wells and thereafter negotiate for an agreement whereby the city will finance the dif- ference in cost for the larger facilities. After discussion as to what size and type facilities the Council feels would be required, Mayor directed, with council approvals that Mr. Robbins, of the Parks and Recreation Committee, be requested to ha~e a representa- tive at the next regular meetin~ to explain the Commitraces reasons for reconm~udin~ the pool facilities outlined in their report. (2) Councilman Gleanon, as Chairman of the Plannin~ Comm{ttee, des- Quito Rd. cribed to Council the problems encountered by the Plaanin~ Com- Atea mission relative to a tentative map for a proposed subdivision Tentative which lies, for the most parts within the city limits of Monte Map Sereno. He explained the problems of access for the 32 acre site, and council a~reed that it seemed impossible to avoid grantin8 permission for access to Quito Road, At the same time, Council concurred that the developer be required to improve Quito Read and dedicate for a 60' access road from Quito Road to the Saratoga City Limitss to the satisfaction of the City En~iueer. The Plnnnin~ Director was directed to study the situation in an effort to prevent future problems of this nature. (3) Councilman Drake reported that the Management Committee has mode Executive a preliminary review of salaries for city employees and is now Session prepared to present their recommendations to the council. At .his Request requests Mayor announced that an executive session will be called to discuss the reco~inendations and to review applicatic~aS'~foru .' position of City Clerk-CityAdministrator. D.-DEPARTMENTHEADS AND OFFICERS Traffic (1) Deputy 'Clerk read a report from the Chief of Polices listinE several Control recommendations for traffic control within the City, Coancihnan Drak~ Recoumaen- questioned the need for stop sig~s. at Blauer Drive and Regan Lane and dations. Chief of Polices Dr, Rosasco, agreed to withhold action on this rec- commendation until further studies have been made of this inter- section, in conjunction with studies of the proposed extension of Regan Lane. The recommendation for a traffic signal at the inter- section of Highway #9, Saratoga Avenue and Saratoga-Los Gatos Road was taken under advisement for investigation of temporary control measures which might suffice until HighWay#9 improvements are constructed. Councilman Glennon moved, seconded by Councilnm- Hartman to direct the Staff to prepare the necessary resolutions to establish the traffic control measures reco-n~nded By the Chief of Police in his report dated March 18, 1963, with the exclusion of Recommendations ~2 and ~7. Motion carried unanimously. Fark~ & (2) ~l~ing Director Stanley Walker .~esen~ed, ~or council information Recreation and study. espies of app~aisal re.~rts for ~:quisition of park! sites Site Develop~ and pathways. Nr. 14srre~ Heid, as authorized by the Couneill~k the ment Plan last roering. submitted k pre~_iminary sit~ development plan ~or Co~munit~ proposed co.s-..;~ity canter. Co-~-_il stud.idd and discussed the~ pla~i r.e~.r ~i~ii 14r. Held and comn~ded him on his~cOneept.~of proposed la~d mid building development. Councilman Har~m,~' questioned the location proposed by the Parks and l~crea~ion c0-~4ttee~ and yes assured klnlt ~he Comm4~tee had thoroughly studied the. a, dv~.~ages and disad~ant.~geS of available sites vithin the City and had arrived at their p~esent rec~ndatian atter careful study of (1) a~ea~ ~ (2)' developmen~ and acquisition costs (~3) accessibility and (~) 10~tion. )Jr. Held advised that he will, as requested by council. try compile a unit cost breakdora of the development and buildings proposed ~ present it far further co~il consideration. SD-333 (3) Dirantor of Public works presenced a, r~quest ~rom the First 1Yact 31~1 Saratoga Company for a 80 day .extensio~' of the t~ntative a~oval 60-day f~ SD-333 (1Yant 3171). on the basie .~ha~ develOpment has been ExCension held .up pondinS Council action regarding 'the Joint storm digtrict. Cotmcil.m~ Clennon~'moved. seconded by COuncilmAn' Dr_n~o to graht the ex~ensi0~ as ~equeS~ed~ ~l~ot. ion c~ied Don Harris ~) 'Councilre-- Drake mO~ed. seconded by Couneil_m~n_ Ritehie, to authorize Bldg InSp the .em~.10yment of Do~_~d:'j.. Harris an a buil~n~ inspector, at a Salary of $560.00 po~. m~th~ Moelon ~rriad tmanimouely. from ~he League of Caiifbrnfa Ci~fe8 rega~dfn~ proSesee of the bill currently under consfderat;kon by khe Senate Ffuauee Committee~ providing far additional funds for city streets by Increasing hfgl~/ay user tanes. E. CTT/ No reports C0PRJUNICATION8 SDR-399 (1) Council unani~usly agreed to consider a request from Hr. Archills Stutznmn J. r4enard for final build_inS site approval of a lo~ located on Piednone Road. Deputy Clerk reported that all conditions have been mat or bond posted to gustsriSes their complecian. and Council_mAn Glennon moved, seconded by Councilran- Ritehie, to approve SDR-399. Dr. F. L. Stut-.tunes lot~ as a building site. Notion carried unanimously. Traffic (2) Council received copies of a letter of appreciation for the Signal installation of ~raffic signal at Saratoga and Cox Avenues. Johnson (3) Council was advised that a letter from Sanitation District Tentative urging early setion on a tentative map submitted by ~c. johnson= l~ap had been referred to the Planning Co-m~ssion as IC is currently considering the matter. B~F Cede (4) Coneell received copies of a letter from the Santa Clara and Amendment San Benits Counties Building and Construction Trades Council calling attention to a resent amendm-nt to the Business and Professions Code o£ the ~taCe of California. Rabies (~) Deputy Clerk reported that no~ice has been received from the Control State Depart~nent o£ Public Health that Santa Clara County has been declared a "rabies area" and urging cooperation with the local health deparrt~nent on any special control measures. ABC license - (6) Notification was received that an application has been filed for ~aldorf Alcoholic Beverage License (On-sale beer and vine) for the 14aldorf in Saratoga° Bo ORAL City Attorney requested policy guidance regardin~ action to be taken Policy relative to several subdivisions which, for various reasons, have Re failed to satisfactorily complete improvements and gain acceptance Subdivision by the City. He explained that the Director of Public Works has Improven~nts periodically inspected an~ advised the developers Of deficiencies to be corrected ahd hab reCei~edno':c~Operation from either the developers or .~he bondin~ ~omp~nie~ ~blved, He:.reported that, in several ins~ances~ the ~0un~ ~pp~ed' the' final mp ~rior ~o Sarat~g~t~ incorporatioh ahd had~ au~in~ the one year -~t~na~ee period (which occured a~ter l~corpor~tio~ ~ the Cie~ r~e~Se~ ~h~ b~nd ~thout' acceptin~ the street improvements for maintenance.' He ~tated that~ in one !~tance~ the subdivider had filed a falsified public sub- division report, copies of which were provided to each home o~ner, to the ef£ect that the streets had been accepted for maintenance. Council agreed that the City Attorney be authorized to notify the property o~ners involved of the situation and make every feasible effort to alleviate the maintenance probl~m~ which will eventually develop from the subdividers*s failure to properly c~lete the required improvnm~nts. City Attorney advised that~ after unsatisfactory negotiations with United United Pacific Insurance Company inan effort topersuede them to Pacific honor the bonds they hold for subdivision improvements, he had Ins. Co. notified the Company that their bonds will not~in the future,be Bonds accepted by the City of Saratoga° l~ayor Brazil ~cknowledged, with pleasure, the presence .of Planning Co~,~ssionar Clean throughout the meeting. VIII AD~O~ Councilman Gleanon moved~ seconded by Councilman Ha~tm~n to adjourn the meeting. l~otion carried .~n~f~nusly 11:35 P. ~. Respectfully subnitted~ Deputy City Clerk