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HomeMy WebLinkAbout10-02-1963 City Council Minutes" SARATOGA CITY COUNCIL : S~'~RY OF MINUTES TI}~: Wednesday, October 2~ 19C3 ~ 7:30 P.M. PLACE: Sa~'atoga High School, Herriman Ave. & Highway 9, Saratoga, California TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting tO order at 7:30 P.M. A. ROLL CALL Present: Councilmen Glennon, Brazil, Drake, Hartman, Tyler Absent: None B. MINUTES The Mayor noted that in paragraph 5 on page 4 of the minutes of the meeting of September 18, 1963, the word "execute" in line 4 should read "exclude" and the word "possiblf' should be substituted for the word "undoubtedly" in line 6o It was moved by Councilman Drake, seconded by Councilman Hartman to dispense with the reading and approve the minutes of the september 18, 1963 meeting, as corrected. Motion carried unanimously. II BIDS AND CONTRACTS A. IMPROVEMENT OF HERRIb~N AVENUE FROM SARATOGA-VISTA TO HIGHWA~ 9 City Administrator reported that two bids had been received for. Herriman Ave. the improvement of Herriman Avenue from Saratoga Vista to Improvements Eighway 9: (1) Peter,an Bros. - $22,765.93 (2) Wattis Construc- tion Co. - $25,027.96 and that the Engineer's estimate on the j~b had beanS25,700. He further noted that the required bond had been filed and recommended that the contract be awarded to the low bidder. It was moved by Councilman Brazil seconded by Councilman Tyler and unanimously adopted to authorize the Mayor to execute a contract with the low bidder, Petersen Bros. for the improvement of Herriman Avenue. B. AGREEMENT WITH BOARD OF SUPERVISORS RE ACQUISITION OF TAX DELINQUENT PARCEL City Administrator reported that the forms of the agreement with the Board of Supervisors regarding acquisition of a tax-delinqu~nt parcel along Saratoga Creek by the Flood Control District had not been received and the Mayor directed that this matter be dropped from the agenda until the agreements were received. III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 166 Canvass of It was moved by Councilman Brazil and seconded by Councilman Tyler Bond glee. that Resolution No. 166, canvassing the returns of the Special Municipal Bond Election held Tuesday, September 17, 1963 and finding that none of the four measures submitted to vote had received the required two-thirds majority, he adopted. Motion carried unanimously. B. ORDINANCE NO. NS-5.6 Water Main Mayor directed that the record show that Ordinance No. NS-5,6, Reimburse. amending the Subdivision Ordinance to provide for reimbursement by subsequent developers of City costs in extending water mains, was duly introduced after reading by the City Clerk, C. RESOLUTION NO. 33-2 Subdiv. At the City Attorney's request action on this Resolution amending Bonds the form and terms of Subdivision Improvement Bonds was postpon?d to allow time for further amendment. -1- IV SUBDIVISIONS AND BUILDING SITES A. SDR-311 - SAMUEL E. BRIGGS It was moved by Councilman Brazil, seconded by Councilman Hartman and adopted that the surety bond posted for SDR-311 be released and the one year maintenance period be waived since the improve- ments consisted of a minimum access road that would not be accepted by the City for maintenance. B. SDR-340 - Wl"LLIAMFEKEA Councilman Drake moved and Councilman Brazil sedonded the marion that Mr. Feteass cash bond be accepted in place of his surety bond and that Mr. Ferea be notified that it had been accepted,! that this action did not extend the deadline of October 17, 1963 for completion of the improvements required~ that the cash bond is not a substitute for the improvemantss and that if an extension were desired a request to that effect should be filed in time to be considered at the time of the October 16~ 1963 meeting. Motion carried unanimously. C. SDR-444 - JAMES ~. REILLY Councilman Hartman moved and Councilman Brazil seconded the motion to grant building site approval for one lot on Quito Road. Motion carried unanimously. D. SD-427 TRACT NO. 3572 City Administrator reported that not all of the necessary ~ documents for Tract No. 3572 had as yet been filed and the Mayor therefore~ directed that this matter be deferred until the meeting of October 16~ 1963. V PUBLIC HEARINGS None VI OLD BUSINESS Ao C-60 ~v~a~4AR INVESTMENT COPIPANY The Mayor announced that the Council would consider the recommendation of the Planning Commission that the applicatio~ of the Maxmar [nvestmant Company for rezoning of approximately 4.5 acres lying between Walnut Avenue and Saratoga Creek from: R-1-12,500 to R-i~-3000 he denied. Mr. Herbert Resuer, President of Maxmar Investment Company, urged that the City Council set the matter for public hearing on the ground that the requested zoning represented, in his views the most appropriate use of the property in question in the light of the zoning on abutting parcels with the same grade and other physical characteristics- It was pointed outs however, that the requested zoning was variance with the General Plan. The Council pointed out that a General Plan alterable epp~by application was not a General Plan at all and that the appropriate time for conside[- ation of such a request was at the time scheduled for annual review of the General Plan. It was moved by CoUncilman Drake~ seconded by Councilman Brazil and unanimously adopted that the application of Flaxmar Investment Company for rezoning, C-60~ be denied. ADMINISTRATIVE~ATTERS A. MAYOR Storm Water (1) Mayor Glennons referred to the Policy Committee the Fee Policy question of framing a resolution setting forth the purposes for which stormwater fees could be expended-. (2) The Mayor called to the attention of the City Council the lnter City Council meeting to be held at La Hacienda Thursday, October 3~ 1963 for which Saratoga was the host city, B. FINANCE Warrants (1) Councilman DraKe moved~ seconded by Councilman Hartman~ to approve the disbursements on the list dated October 2~ 1963 for a total amount of $11~728.71 and to authorize that warrants be drawn in payment. Motion carfled unanimously. (2) City Administrator presented an additional warrant in the amount of $12~474o32 to Leo F. Piazza Paving Company for payment on the seal coating contract. It was moved by Counci~- man Hartman, seconded by Councilman Brazil and unanimously adopted to approve the disbursement and to authorize that a warrant be dra~n in payment. Financi~l (3) Councilma~ Drake inquired as to the possible need for Report insurance on City deposits. and the City Administrator pointede out that State Law requires that time deposits of public agencies be protected by the ~ank setting aside designated securities with a value of 110% of the amount of the deposits as security for the deposits. There being no further questions the Clerkss Financial Report was approved. (~) Councilm~- Brazil reported that the Public gorks Co-,~ttee had met Monday~ September 30~ 1963 to review the proposed Chester Ave.. improvement district for Chester Avenue and that the engineer Imp. Dist. for the proposed d!strict~ Mr. Mastin~ had been requested to explore alternative access to Sobey Road and to develop cost data on the various alternatives. This material would be explored at a future meeting of the committee and a final report and recommendation would follow. (2) Councilman Hartman reported that the Planning Co~mq~tee had met Friday September 20 'to consider the.appeal by ~. C. SD-439 Garcia and Associates that overhead utilities~,be allowed in UTILITIgS SD-439. The Planning Comm~ssion had submitted a recommendation. that the requirement be reduced from complete underground to a "streamline" system. It was the Planning Comm4ttee*s conclu- sion that the rec~mmenda~:~on of the Planning Co~m~ssion should be approved. It was moved by Councilman Hartman, seconded b~ ~ouncilmen Drake and unanimously adopted that the-"streamlin~" system of utilities be required for SD-439. In connection with this report Councilmen Hartmen stated that it was his feeling that the Council and the Commission should a~low Policy Clarif. departure from the requirement'for full underground util~tieS Und. Utilities only in the most extreme cases and suggested that the Council, if'it agreed, relay its v~ew to the Planning,Cu~-fssion. It being the consensus of the Councils the Mayor directed that ~he Planning Commission be so informed. D. DEPARI~ENT'HEADS.ANDOFFICERS (1) The Public ~orks Director reported that Robert M. Rees had submitted a requests dated September 30, 1963 that the City allow Ross Hall Corporation-to deposit cash in the amount of. the e&t4m~te .coats of the decelera~ion lane andsthe storm drain Tr. 3259 along Highway 9 required in connect~on-with.Deerpark~ Tract No. Cond~tious 3259 - such est4m~tes costs to be based on the unit prices in effect at the time the developer was-originally ready to proceed with the work. Under this procedure the City would do the work and--absorb any increase in actual cost. In the altern- atives Ross Hall Corporation requested that the City agree to make up the difference between the estimatedfrosts and actual costs if it proceeded with the work. Mr. I. H. Mittleman, representing Ross Hall Corporation~ argued that this request was Just~fied'because the developers had not been able to proceed as originally planned due to their inability tO obtain an encroachment permit from the State Division of Highways which had held up the permit allegedly as a result of the City~s request for reconsidera~ion of widening Highway 9 at this point. It was the Mayor~s d~rection that this request be referred to the Public gelfare Corm!tree, Councilman.1~ler, Cha~nan, and Oo~incilman Hartman, Member, for review and report to the City Council. (2) The Pla~n~r~g Director reported that questions had arisen: bIontewood with respect to street names in the Nonte~.~ood subdivision and St. Names the Mayor directed that the matter be referred to the Street Name Committee for report and reconrmendation. (3) ~he Planning Director suggested that problems had arisen Ord. re Vehicle with regard to the unsightly storage of vehicle~ trailers, Storage boats, etc. in residential districts that could be controlledi through the development of an appropriate ordinance. It was moved by Councilman Brasil, seconded by Councilman ~yler and unanimously adopted that the Planning Director and the City Attorney be authorized to develop such an ordinance for Council consideration. (~) The City Attorney recommended that an ordinance be intro~ Ord. No. 37 duced repealing Ordinances 3E-ls 3E-3 and 3E-~ ~ich restricted Repealing the use and development of certain designated parcels of land 3E-ls 3&4 in the City of Saratoga pending Planning Commission study of alternative zoning for these parcels. It was the City Attorney~s understanding that the Planning Counission would submit such a recommendation prior to the Council*s next meeting. The Nayor directed the record to show that Ordin~nee No. 37 had been duly introduced. (5) The City Attorney reported that new state legislation Notice of required Cities to notify Claimants of any legal deflcienciea defective in Complaints or Claims filed against the City and suggested claims that it would be ~ise to extend blanket authorization to the City Attorney to so notify any future Claimant. It was moved by Councilman Braz~l~ se!:onded by Councilman Hartman and unanimously adopted that the City Attorney be authorized so notify future Claimants for damages. E. CITY ADMINISTRATOR (1),The City Administrator notified the City Council of clai,ms filed against the City'by George Ratty for alleged damages and by Sunnyside Nurseries, Inc. for alleged vehiclei Claims damage and recommended that both claims be rejected and ~ejected referred to the City Attorney. It was moved by Councilman Drake, seconded by Councilman Hartman and unanimously adopted that the claims be rejected and referred to the City Attorney. (2) City Administrator notified the Counci!l that copies of P.T.&T. and applicatlon~ by the Pacific Telephone and Telegraph Company S.J.g.g. Rate 'and the San'Jose {~ater ~o=ks for rate increases before the Increase Apps. Public Utilities Commission were on file in the City Clerk*s office. (3) The City Administrator reported that the Interstate ICC Ruling Commerce Commission had ruled on appeal that the Southern Vasona Br. Pacific Railroad Company could abandon passenger service on ~he Vasona Branch line and that the Blue Hills and Champagne Fountain Stations woUlds therefore, be demolished in the next 30 to 60 days, thus eliminating any need for pa~king at these commuter stops. (4) Mr. Hanley requested authorization to order p~ecise Aerial Photo aerial photography of Saratoga Avenue and Quito Road from Sat. Ave. & quito Aero Service Corporation to be paid fo~ from Gas Tax Engineering Rd. Funds~ to enable the Public Works Department to establish precise plan lines for these two thorough fares. The Council directed that at least two additional quotations be obtained from other ~ualified firms. (5) The City Administrator submitted the,request of Mr. and Mrs. Sandstee1 Sandstee1 of 19731 Three Oa~s ~ay that the City surface that Paving portion of City right~of-way lying between the legs of their Request U-shaped drive~a~ but outside the traveled surface of the street. The bhyor directed that this request be referred to the Public ~]elfare Cor~rnittee for report and recommendation. Balgooyen (6) The City Administrator notified the Council that Mr. &Mrs. Claim T.J..Balgooyen had filed a calim against the Citys that the City Attorney had replied to them with a statement of the deficiencies in the complaint, and that no action was required by the Council until an amended complaint was filed. VIII COMMUNICATIONS Robert Before taking up written coununications the Mayor acknowledged the Shannon presence of Mr. Robert Shannon of Saratoga High School who had spent the ~,~remer as an exchange student in Valencia, Spain and who presented a Sift book to the Hayor frdm the Mayor of Valencia. Mayor Glennon~ expressed his appreciation for the gift and his pride in Mr. Shannon a~ an ambassador from Saratoga. A. WRITTEN SDR-435 (1) Letter of September 26, 1963 from Clarence J. Toy requestin~ Conditions modification in conditions of tentative building site approval for SDR-435 was presented to the Council by the City Ad~/nistrator. Mr. Toy spoke on his ~n behalf requesting setting of the deadline for completion of the required improvements on St. Charles Street and Big Basin Way at such time as the adjacent properties are = improved. Without objection, the Mayor directed that ehis requ@st be referred to the Planning Co-~ittee for report and recommendations. (2) Mayor Glennon took up the letter of Attorney Sam J. Anderson, Gardiner dated Se¥.tember 19, 1963, submitted on behalf of Paul H. Gardin~r Rezoning and requesting that the City Council rescind its action of (C-61) ~eptember 18, 1963, denying the applicafion of Paul H. Gardiner, C-61, for rezoning of property on Allendale Avenue, and set the! matter for public-hearing. Mr. Anderson argued that the decision to deny was an error of law and imposed a=~ tllogfcal development pattern on the land in question. The City Council pointed out ' that approval of the application would result in a violation of= the General Plan and indicated that this kind of request is appropriately considered at the time of annual review of the General Plan. It was moved by Councilman Brazil, seconded by Councilman Tyler and unanimously adopted that the request that the Council's previous action be rescinded and C-61 application fortezoning be set for public hear~ngsbe denied. B. ORAL Mayor Glennon acknowledged with pleasure the presence of Planning Con~nission Chairman Webster. ADJOURNMENT Councilman Hartman moved, seconded by Councilman Brazil, that the meeting be adjourned. Motion carried unanimously at 11:20 P.M.' Respectfully submitted~ WILLIAM C. HANLEY / CITY CLERK