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HomeMy WebLinkAbout04-15-1964 City Council Minutes SARATOGA CITY COUNCIL SUMMARY OF MINUTES TIME] Wednesday, April 15, 1964 - 7:30 P. M. PLACE: Saratoga High School Cafetorium, Herriman Ave. & Highway 9, Saratoga TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:30 P. M. A. ROLL CALL Present: Councilmen. Glennan, Brazil, Drake, Tyler Absent: Councilman Hartman B. MINUTES It was moved by Councilman Drake, seconded by Councilman Tyler and unanimously carried to approve the April 1, 1964 minutes as written. II BIDS AND CONTRACTS A. CONSIDERATION OF AWARD OF CONTRACT FOR PROSPECT AVENUE IMPROVEMENTS Prospect Mr. Henley announced that six bids were received for the improvement Avenue of Prospect Avenue between Titus Avenue and Kristy Lane (1) C & C Improvement Paving Company - $7963.83 (2) Conrad Construction Company - $6339.38 Bids (3) Petersen Brothers - $7996.35 (4) Sondgroth Brothers - $6925.05 (5) Wattis Construction Company - $8528.85, and (6) L. C. Smith - $13,500.75. It was moved by Councilman Brazil, seconded by Councilman Tyler and unanimously approved to award the contract to Conrad Construc- tion Company for the low bid of $6339.38, B. RECOMMENDATION FOR CHANGE ORDER NO. 1 ON COUNCIL CHAMBERS Mr. Henley read a letter dated April 13, 1964 from Creegan & D'Angelo recommending modifications to the structural drawings for the Council Chambers including increasing the size of studs from 2" x 6" to 2" x 8" Council adjacent to the stone veneer. Chambers Chang~ Mr. Patrick Creegan advised the Council that this change is recommended Order in order to meet requirements of the Uniform Building Code and would #1 ordinarily have been submitted during the bidding period but that the final plan check had not been completed prior to the award of the bid and that the changes recommefid~d involve an extra to the contract of $520.00. After discussion it was moved by Councilman Drake, seconded by Council- man Tyler, and unanimously carried to authorize Change Order No. 1 in the amount of $520.00 to cover all costs of the change to the structural drawings. III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. SDX-2428 Res. SDX-2428 The City Administrator explained that Resolution No. SDX-2428 abandons Abandoning a portion of the storm drain easement on the Robert E. Shipley property, storm drain in accordance with council action of March 18, 1964. It was moved by line Councilman Tyler, seconded by Councilman Brazil, and unanimously approved to adopt Resolution No. SDX-2428, abandoning a portion of a public service easement on Lot 50 of Tract 2428. · IV SUBDIVISIONS AND BUILDING SITES A. SDR-479 - EARL J., PETER SDR-479 It was moved by Councilman Brazil, seconded by Councilman Tyler and E.J.Peter unanimously approved to adopt Resolution No. SDR-479-1, granting building site approval to Earl J. Peter for one lot on June Way. -1- SDR-223 B. SDR-223 - GRACE r{THCDIST C~{URCH Grace l~ethodist The City Administrator reported that the Grace Hethodist Church was Church granted an extension of tira~ in which to construct Prospect Avenue EXtenSion. improvements until ~..ugust, 1964 and has now requested a further extension, .After discussion, the }fayor, ~ith council approval, directed the staff to find out if the church has a specific buildin~ progrmn so the council can consider their request in relation to their improvement timetable, (1) }layer Glennon announced i-hat as Dr. Brazil was not a candidate for re- Dr, election this is therefore his last. meeting in an official capacity and Brazil - that this time has been selected to publicly honor Dr, Brazil for his bx~rore.d services to the city. From the time of his active participation in the incoP~oration of the city through six years as Saratoga*s first }{ayor and his remaining two years as a member of the Council, }-~ayor Glennon pointed out that Dr, Brazil had been a constant source of strength and leadership through the most difficult period in the Cityvs history, In recognition of and appreciation for this distinguished service the I~ayor presented a co:z~!oratf. ve plaque to DE, Bra2.'.'.l on bahelf of Inhe City Co~.-.cil. ~n.d ~:he Dr, (2) Hayor Glennon .~nlxouneed thai' Dr. Rosasco has resigned as Chief of Polices Roseate a position he has held since incorporation of the City end he proposed Resign,- for Council consideration the appointment of I~ir, John T. Ball as Chief of Police, It was moved by Councilman Brazil, seconded by Councilman Drake John and unanimously carried to approve the appointment of Hr. John T. Ball Ball as Chief a£ Police of the City of Saratoga, I~ayor Glennon then adminis- Chief' toted the oath of office to ~r. Ball and introduced him to those present, of The City Council asked the -~layo.r to express its deep appreciation to Police Dr. Rosasee for his valuable services. V PUBLIC }tEARINGS A. V-2~1 - JO[{~l H. ~ffCHELMORE ~ir. Henley reFerred that, at its meeting February 2~, the Planning Commission considered Mr. Hichelmore*s application for a variance to allo~ 21'5" in lieu of 25' rear yard and, finding no grounds for granting the variance under the zoning ordinance, denied the application. Since that time, }ir. Henley continued, an appeal from the Planning Commission decision was filed by ~4r. J. Longinotti, attorney represent- ing FLr. Flichehnore, and notices of hearing on the appeal were mailed V-2&l ~ccording to lsk'. After the City Administrator sunlnarized the details }fichelmere of this matter the .kfayor, after deterraining that no one present l, Tfshed Appeal a hearing de nero, declared the public hearing opened at 8:25 P. }f. Mr. Longinotti, attorney representin~ .~r. Michelmere, described the dimensions of the lot in questions the area of encroachment and the events leading to the discovery of the encroachment. 14r. }ttchelmore and }it. Longinotti appealed to the council to grant the variance on the grounds that (1) the immediate neighbors have 'no objection to the requested variance (2) correction of the encroachment would invclve considerable expense and hardship (3) the room which created the encroachment was constructed by the first owner of the property, with- out a permit, sold to a second party who was unaware of the encroach- meet and subsequently sold to the }fichelmore's ~ho discovered the encroachment after requesting a building department inspection of the wiring for conformante to the code. Hr. Frank Camburetti, Mrs. Gamburetti and Hr. Lyle Carney, immediate neighbors to the lot in questions spoke in favor of the requested variance. lit was moved by Conncili. man Drake, seconded by Councilman Brazil and unenimously approved to c].ose the public h~aring. Councilman Drake and Councilman Brazil expressed concern about establishing a precedent that might encourage others to proceed with construction that might violate the zoning ordinance end then seek a variance to legalize the violation. Councilman Drake, however, also pointed out that this was -2- a situation wher~ an innocent party was involved who was not responsi- ble for the initial violation. It was also pointed out that since Mr. Michelmore was the second innocent purchaser in the chain of title that he had no recourse against the original violator. It was finally suggested to Mr. Michelmore and his attorney that they explore the possibility of obtaining an additional 3 1/2' from the owner of the property adjoining his rear yard and the Mayor directed that the decision on this matter be deferred until the next regular meeting May 6, 1964. Recess: 9:45 P. M. Reconvened: 10:05 P. M. Mr. Longinottt, attorney for Mr. MichelmBre, requested that the City Council consider re-opening the hearing and continuing the hearin~ until the next regular meeting. It was moved by Couacilman Tyler, seconded by Councilman Brazil and carried unanimously to re-open the public hearing and continue it until 8:00 P. M., May 6, 1964. B. C-65 -' MACKAY AND SOMPS C-65 Mr. Hanley reported that the Planning Commission recommended that the MacKay rezoning application C-65 be approved, subject to approval of the & Somps tentative map and that the tentative map for the area was subsequently approved by the Planning Conm~ission. Mayor Glennon declared the public hearing opened at 10:10 P. M. on the application to rezone from Agricultural and R-1-12,500 to P?i-12,5OO-P-D approximately 110 acres of land bordered on the northwest by the Azule subdivision, on the southwest by the Southern Pacific Railroad and on the east and northeast by the Prides Crossing subdivision. Jim Cole of MacKay and Somps, spoke in favor of the ~ezoning and indicated on a map the shape of the parcel and the need for Planned Development zoning to balance out the lot sizes in the most effective way. There being no one elee who wished to speak either for or e~ainst the proposed rezoning, it was moved by Councilman Drake, seconded by Councilman Brazil, and unanimously approved to close the public hearing at 10:12 P. M. Ord. With no objection, Mayor Glennon directed the record to indicate NS-3-ZC-20 that Ordinance No. NS-3-ZC-20, rezoning property on the application No. C-65, was introduced. C. C-66 JOSEPH LONG Mr. Henley read the staff report dated March 23, 1964 regarding rezoning application No. C-66, and reported that the Planning C-66 Commission adopted the report and directed that it be submitted to Joseph the City Council as the recommendation of the Planning Conmission that Long conditional rezoning be granted. Mayor Gle~Lnon declared the public hearing opened at 10:20 P. M. on the application to fezone from Conditional Community Conmercial, restricted to parking, to Conditional Community Commercial, restricted to offices, approximately one-third acre of land in the 14300 block of Saratoga Avenue, on the north side, said parcel being the westerly 100 feet of the old Saratoga Inn property. No one present responded to the Mayor's invitation to address the council regarding this application and it was moved by Councilman Drake, seconded by Councilman Brazil, and unanimously approved to close the public hearing at 10:22 P. H. Ord. With council a[proval, Mayor Glennon directed the record to indicate NS-3-ZC-21 that Ordinance No. NS-3-ZC-21, rezoninZ property on the application No. C-66, was introduced. -3- VI AD~I~ISTRATIVE MATTERS A, MAYOR Special (1) Mayor Glennon announced that a special meeting will be held on Counttl Tuesday, April 21, 1964, at 5:30 P. M. at the City offices, Meeting- 13777 Fruitvale Avenue, for the purpose of canvassing the vote Canvass votes of the April 14, 1964 election. (2) The Council discussed the County's request for an expression of Uniform preference for one of two uniform house numbering plans and Mayor House Glennon advised that he had recommended some time ago that if the N~nbering cities involved can come to an agreement on a uniform plan then Plan such a plan go into effect three years after that time. It was moved by Councilman Brazil, seconded by Councilman Tyler~ and unanimously approved to authorize the Mayor to advise the County that the City of Saratoga wishes to retain its current five digit house numbering plan, designated Alternative A in the County Planning Department report. (3) The Mayor asked the City Attorney if he had come to any conclusions with regard to the most effective way to proceed with reference to Pike Road- the gate installed on Pike Road near its intersection with Saratoga Saratoga Hills Hills Road. ~lr. Johnston reported that he had investigated the Road - gate problem and believed that, if the council desires to have the gate removed, the most effective approach would be to condemn that portion of the road on which the gate was located. He pointed out that in an action in eminent domain of this kind the City would have the right to obtain an order of immediate possession which would give the city authorization to remove any structures on the land condemoed. The City Attorney further indicated that it was within the power of the City to condemn a private easement to make it~ in effect, a public easement for access purposes. Finally Mr. Johnston recommended that the City Council authorize him to contact the attorney for Dr. Broemser and the Saratoga Hills Road Association to see if a solution short of condemnation can be found and if not to authorize him to proceed with the necessary steps in eminent domain. It was moved by Councilman Brazil, seconded by Councilman Drake and approved that the City Council authorize the City Attorney to proceed as recommended. Review (4) Mayor Glennon reported that Livingston and Blayney's proposal for General review and revision of the General Plan plus a detailed hillside Plan & study involves a greater scope of research and higher cost than' Hillside is felt to be required at this time and that the Planning Director Study and City Administrator have developed an alternative program~hich would provide for a major review of the General Plan and a bill- side development study by the Saratoga Planning Department with the aid of temporary additional personnel. The aleernatfve plan is estimated to cost $18,000, two thirds of which is expected to be financed under the Federal Government 701 program. After considerable discussion it was moved by Councilman Brazils seconded by Councilman Tyler, and unanimously approved to direct the City Administrator to advise Livingston and Blayney that the Council has decided to accept the Staff proposal as outlined in the Planning Director's April 13, 1964 report and to further direct the City Administrator to proceed with the program as outlined. The Mayor appointed the Planning Counnittee to serve as a liaison committee during the course of the study. B. FINANCE Bills It was moved by Councilman Drake, seconded by Councilman Brazil, and unanimously carried to approve the disbursements on the list dated April 15, 1964, for a total amount of $21,069.41. C. COUNCIL COMMITTEES No reports D. ~EPARTI~N~2 !!gADS AND OFFICERS Sobey Rd. Speed (1) It was moved by Councilman Drake, seconded by Councilman Tyler and Ltmit unanimously approved to authorize the posting of warning signs to reduce sp~d in the winding portions of Sobey Road from 35 miles per hour to 25 miles per hour, as recon~nended by outgoing Chief of Police Dr. Rosesco. Res. 181 (2) It was moved by Councilman Brazil, seconded by Councilman Tyler, Fruitvale Ave. and unanimously approved to adopt P~solution No. 181, authorizing Eminent Domain eminent domain proceedings for the acquisition of rights-of-way for Fruitvale Avenue. SDR-415 (3) Councilman Brazil moved, seconded by Councilman Drake, to accept Accept. of the improvements required as a condition of building site approval Improvements No. SDR-415, for construction only. Motion carried unanimously. E. CITY ADr~NISTRATOR The City Administrator read a letter dated April 10, 1964 from the Highway 9 State Division of Highways advising that their plans for Itighwty 9 Time Table improvement are nearing conkDletton and that construction is expected to proceed as scheduled. VII COM~f0NICATIONS A. WRITTEM Flood Control (1) After consideration of a request from the County Flood Control District District for a recommendation for a representative to serve on ~he N-C-zone North-Central Zone Advisory Committee, The Council agreed to Advisory authorize the ~,~yor to select a citizen from the Manpower Survey Representative files to submit to the County as the City~s choice of a representa- tive. Boundary (2) The Council discussed a letter from the Local Agency Formation Agreetaents Cormnission regarding boundary agreements in the West Valley and directed the City Administrator to advise the interested parties that the Council is unaware of any conflicts or problems that would require resolution through formal boundary a~reements with adjoin- ing cities but that the City of Saratoga stands ready to meet at any time to discuss common boundaries if any of its municipal neighbors should regard such a meeting as useful or desirable. UP-65 (3) A letter dated April 1, 1964 from Howard Brooks relative to a Use letter Permit application for a church at Glen Una Drive and Saratoga-Los Gatos Road was held over until such time as the matter may be before the council for consideration. C~mpbell (4) An invitation was extended to the Council to attend the Campbell School Union School District "Education-Business" Day on Wednesday, Dist. May 6, 1964. 0Pu~L Mayor Glennon acknowledged, with pleasure, the presence of PlanninK Commission Chairman Norton and the representative r~mbers of the Good Government Group. IX ADJOURNMENT It was moved by Councilman Drake, seconded by Councilman Brazil, and unanimously approved to adjourn the meeting at 11:30 P. M. Respectfully submitted, UILLIA~..C. HANLEY, CiTY