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HomeMy WebLinkAbout05-06-1964 City Council Minutes SARATOGA CITY COUNCIL SUI~Y OF MINUTES TIME~ Wednesday, May 6, 1964 7:30 P. M. PLACE: Saratoga High School Cafetorium, Herriman Avenue, Saratoga, California TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:35 P.M. A. ROLL CALL Present: Councilmen Glennon, Hartmn, Tyler Absent: Councilman Drake B. ADMINISTRATION OF OATH TO NEW COUNCILMAN Burry- Oath of Mayor Glennon announced that Councilman Drake had been sworn in for Office his new term of office at the special meeting of April 21 and Mr. Henley administered the oath of office to Mr. Ralph Burry and executed a certificate tha~ Mr. Burry was elected for a four year term as City Councilman. C. Mayor Glennon resignedasMeyor, in accordance with the policy of Election Saratoga City Council for the Mayor to resign whenever there is a of Mayor change in the council, and turned the gavel over to City Clerk William C. Henley. Mr. Hanley called for nominations for Mayor and it was moved by Council- man Hartman, seconded by Councilman Tyler and carried ~o nominate William E. Glennon as Mayor.~ There being no further nominations, it was moved by Councilman Hartman, seconded by Councilman Tyler and ldilliam E. Glennon was elected Mayor by the following vote: AYES: Hartman, Tyler, Burry NOES: None ABSENT: Drake ABSTAINING: Glennon Election - Mayor Glennon resumed the Chair and called for nomin, ations for Mayor Mayor pro pro tempore. It was moved by Councilman Hartman, seconded by Council-2 tampore man Tyler and there being no further nominations Councilman Drake was unanimously elected as Mayor pro tempore. Minutes D. (1) It was moved by Councilman Tyler, seconded by Councilman Hartman, and unanimously carried to waive the reading and approve the min- utes of the regular meeting of April 14, I964 as mailed and revised. (2) It was moved by Councilman Hartman, seconded by Councilman Tyler, and unanimously carried to waive the reading and approve the min- utes of the Special meeting of April 21, 1964 as ~rritten. lI BIDS AND CONTRACTS A. AGREEMENT between City of Saratoga and Eva Wakefield McGuire for ac- Agreement - quisition of property on Fruitvale Avenue. Fruitvale r/w 'Mr. Henley explained that Mrs. McGuire has signed an agreement for the McGuire sale of that portion of her property needed for Fruitvale Avenue im- provement for the appraised value of $2408.00. It was moved by Council- man Hartman, seconded by Councilman Tyler, and unanimously approved to authorize the Mayor to execute the agreement with Mrs. McGuire for the purchase of right of way for FruitvaleAvenue improvement at the price quoted. B. AGREEMENT for reind~ursement on minimum access Road - Charles Maridon SDR-361 Min. Access The Director of Public Works reported that Mr. Marldon has constructed Rd. the minimum access road required as a condition of building site approval, Agreement has certified to the cost of the improvements, and is entitled to re- SDR-361 imbursement from future developers in accordance with the recent amend- ment to the Subdivision Ordinance relative to minimum access road re- imbursement agreements. It was moved by Councilman Hartman, seconded by Councilman Tyler, and unanimously approved to authorize the Mayor to execute the minimum access road reimbursement agreement with Mr. Marldon as presented. III PETITIONS, ORDINANCES AND FO~I~L RESOLUTIONS A. ORDINANCE NS-3-ZC-20 Ord. It was moved by Councilman Tyler, seconded by Councilman Hartman, and NS-3-ZC-20 unanimously approved to adopt Ordinance NS-3-ZC-20, as introduced at C-65 the last meeting, being an ordinance rezoning from Agricultural and R-1-12,500 .to R-l-12,500-P-D, approximately 110 acres of land bordered on the north-west by the Azule subdivision on the southwest by the Southern Pacific Railroad and on the east and northeast by the Prides Crossing Subdivision. File Co65. B. ORDINANCE NS-3-ZC-21 It Was moved by Councilman Hartman, seconded by Councilman Tyler, and Ord. unanimously approved to adopt Ordinance NS-3-ZC-21, as introduced at NS-3-ZC-21 the last meeting, being an ordinance rezoning from Conditional Commun- C-66 ity Cormnercial, restricted to parking, to Conditional Community Commer- cial, restricted to offices, approximately one-third acre of land in the 14300 blohk of Saratoga Avenue, on the north side, said parcel being the westerly 100 feet of the old Saratoga Inn property. File ~C-66. C. PETITION for Construction - Chester Avenue Improvement Project In response to the Council's request some time ago that the engineering Chester firm of Mastin and Kingston try to develop a third proposal for Chester Avenue Avenue Improvement, Mr. Mastin and Mr. Phillip Assaf, representing the Improvement the attorneys for the proposed improvement district, explained the de- Petition tails of the revised proposal. Mr. Mastin indicated that petitions for the proposed assessment district have been signed by o%.mers representing 92.64% of the area involved and 96.05% on the basis of cosZ, and that the only persons included in the proposed district who had not signed the petition were Messrs. Gamper, Wayne, BJrwater and Allen and that they have been included in the dis- trict on the basis of benefit upon the advice of the legal firm of Wilson, Harzfeld, Jones and Morton. These owners, Mr. Mastin continued, ~ilt have an opportunity to object at the time of the public hearing if the council decides to approve the initiation of assessment district proceedings. It was pointed out that although the Magnuson, Bushnet and Belltcitti properties are not included in the district, they should be required to pay a pro-rata share of the improvements if and when they do develop their properties. Fir. Mastin stated that the San Jose Water Works does not w~sh to par- ticipate on the basis of an assessment district but that the people in the district have agreed to pay cash for the water and this cost is therefore not included in the proposed assessments. Mr. Richard Bywater, 3556 Andrea Court, San 3ose and Mr. Donald Weber, 14371Sobey Road, objected to the inclusion of their properties in the district and Mr. Clayton McCullough of 13591 Old Tree Way questioned the adequacy of an 18' minimum access road to serve a potential area of 115 families. After determining that the City would be responsible for maintenance of the portion of the street at the Allendale access which is proposed for raininmm improvement, the Council was advised by Mr. Phillip Assaf, rep- senring the legal firm for the district that a revised petition can be presented at the next meeting which would eliminate the minimum improve- ment proposal and delete from ~e district that portion of Chester Avenue from Allendale Avenue to the Hilgeman property. Res. 183 Engineers D. The above procedure being acceptable to the Council, it was moved by & Attorneys Councilman Hartman, seconded by Councilman Tyler, and unanimously apo Chester Ave. proved to adopt Resolution No. 183, appointing engineers and attorneys for the Chester Avenue Improvement Project. -2- Res, 184 E. RESOLUTION NO, 184 Determining It was moved by Councilman Hartman, seconded by Councilman Tyler, and to Under- unanimously carried to adopt RLsolution No. 18~, determining to under- take take assessment proceedings for the Chester Avenue Improvement Project. Proceedings F. F~SOLUTION NO. 185 Res.185 It was moved by Councilman Tyler, seconded by Councilman Hartman, and Res. of unanimously carried to adopt Resolution No. 185, being a resolution of Intention intention to acquire and construct improvements - Chester Avenue Im- Chester Ave. provement Project. G. RESOLUTION NO. 186 ~s,186 It was..moVed by Councilman Tyler, seconded by Councilman Hartman, and Street unanimously approved to adopt Resolution No 186, approVing Street Deficiency 'Deficiency Report for transmittal to the State Division of Highways. Report IV SUBDIVISIONS A~ND BUILDING SITES A. SDR-223 - GP~CE METHODIST CHURCH SDR-223 The City Administrator reported that this matter had been continued Grace from the last meeting to obtain information from the Church regarding Methodist a specific building program, and that the Council had copies of a sche7 Church dule indicating that no further construction is anticipated for ap- Extension proximately 5 years bug that the Church feels that they will be in a position to construct the Prospect Road improvements within three years from the expiration date of the existing agreement. Rev. Hugh Hardin, Pastor of the Grace Methodist Church spoke in behalf of the Church's request and i~ was moved by Councilman Tyler, seconded by Councilman Hartman, and unaniraously approved to modify the building site approval agreement by extending the expiration date of August 2, 1964 to August 2, 1967, zubject to ~itten consent of the bonding com- pany to continue.the improvement bond in full force and effect for the extended time period. B. SD-426 - BRO~q AND F~%UFF~LANN, INC. - PRIDES CROSSING UNITS 4 AND 5 SD-426 Final Map Iz was moved by Councilman Hartman, seconded by Councilman Tyler, and Tr.3145 unanimously approved to adop~ ~esolutions No. SD-426-! and SD-426-2, Tr.3146 approving final maps of T~jacts 3145 and 3146, Prides Crossing Units 4 and 5, for a 116 lot subdivision located south of Prospect Avenue and east o~ Scully Avenue. V. PUBLIC HEARINGS A. V-241 - 30HN MiCHELMORE - HEARING ON APPEAL V-241 " Mr; Henley announced tha~ Mr. Longinotti, attorney representing Mr. Michelmore Michelmore had called and asked that the hearing be continued until Appeal the next regular meeting as his client has contacted the owners of the property to the rear and that they have indicated a willingness to sell Mr. Michelmore the needed 3~ feet to make up the reouired rear yard met back and that more time is needed for these negotiations. ~ith no objection, ~myor Glennon continued the public hearing until the meeting of May 20, 1964~ B. UP-65 - SARATOGA LUTHE~N ~UP. CH UP-65 Saratoga The Council considered a request from Mr. Boris Stanley, attorney for Lutheran the applicant, that a hearing de novo be granted and that i~ be set'for Church the meeting of June 3, 1964 as he has had insufficient time ~o prepare Appeal for the hearing at this time and will be involved in other litigation ma.~ters at the time of the May 20 meeting. It was moved by Councilman Hartman, seconded by Councilman Tyler, and unanimously approved to grant a hearing de novo on the appeal of the Saratoga Lutheran Churc~ from Planning Commission denial of a Use Permit for a church and sunday school on the south-west dorner of the intersection of Saratoga-Los Gatos Road and Glen Una Drive and that safd hearing de novo be set for 8:00 P.M. on lqednesday, June 3, 1964. -3- Mayor Glennon advised Mr. Ben Gullo, in response to a question regarding this matter, that another petition from residents in the area will not ~ be necessary as the entire Planning Con~mission file will be introduced as evidence at the hearing. the hearing could not take place as scheduled on June 3rd, one of them would be ~ontacted to that effect. Recess: 9:22 P.M. Reconvened: 9:40 P.M. VI Aj)MINISTitATIVE MATTERS A. MAYOR B.J.Rawak (1) Mayor Glennon submitted, as his recon~endation for the nominee to Nominee serve on the North-Central Zone Advisory Committee of the Flood N-C Zone Control District, the name of Mr. Bert 3. Xawak of Woodside Court. Advisory The Mayor noted, for the benefit of councilmen who were not present at the last meeting, that the Board of Supervisors had indicated that the nominee could be either a city official or citizen of the co~Enunity. It was moved by Councilman Hartman, seconded by Councilman Tyler and unanimously approved to nominate Bert J. Rawak as represen- ative for the North Central Zone Advisory Committee of the Flood Control District. (2) Mayor Glennon announced that the County Executive has proposed to Contractual the Board of Supervisors that the cost of Saratoga's contractual Services - police services be increased by as much as 46% and that he has County asked Councilman Burry to meet with the appropriate County rep- resentative in an effort to ascertain the basis for the proposed increase in cost. Mayor Glennon further conmmented that past ef- forts to reconcile the services provided to the City with the County's figures of the cost of providing such services have been unsuccessful and tha t,in fact, when the City established its own Building Inspection Department rather than pay the additional costs the County claimed it must have to continue serving Saratoga, the City netted a considerable profit from its Building Department. Mayor Glennon also indicated that the County Librarian has asked z for an increase to 19.6¢ library tax which would amount to approxi- mately $86,000 in Saratoga taxes and that Mr. Hatlay has scheduled a meeting regarding subdivision engineering contractual services. The Mayor expressed the hope that satisfactory contractual arrange- ments can be made w~th the County in order to maintain the policy! of providing necessary services as efficiently as possible with a minimum City staff. Alaska (3) Mayor Glennon asked that copies of a letter from the City Msnager Earthquake of the City of Fairbanks, Alaska, be sent to all council members Fund for their information and consideration. He asked that the Council consider the appeal for financial aid to the port cities of Alaska which have suffered disastrous damage from the recent earth- quakes and tidal waves, and expressed his personal feeling that a community as financially sound and relatively free of problems as Saratoga should offer assistance to those areas which have such an urgent need for help, provided it is a legally permissible ex- penditure. Mass (4) The Council discussed a letter from County Executive Howard Campen, Transportation requesting the City to contribute $7,960 toward a Mass Transporta~- Study ion study and, with Council approval, Mayor Glennon directed the i matter continued until the next meeting for further study. Mass (5) Mayor Glennon reported that the Board of Supervisors has indicated, Transport. in answer to the City's recommendation that the existing Traffic- Committee ways Committee serve as the Mass Transportation Committee, that no decision has yet been made regarding this recommendation. . (6) Mayor Glennon outlined the contents of a proposed letter to Saratoga Letter residents and requested the council to contact Mr. Hanley regard- tO ins any changes or additions they may wish to make and that if the Residents draft meets the council"s approval the letters will be mailed within the. next few weeks. P.C, (7) Mayor Glennon noted that each council member has received a copy Schedula of the new schedule for council representation at Planning Com- mission meetings. B, FINANCE BIllS (1) It was moved by Councilman Hartman, seconded by Councilman Tyler, and unanimously carried to approve the disbursements on the list dated May 6, 1964 for a total amount of $21,515.30 and authorized that warrants be drawn in payment. Claim - (2) It was moved by Councilman Hartman, seconded by Councilman Tyler, Santatrots and unanimously carried to deny the claim for alleged damages filed on behalf of b~rlo F. and Caroline Santatrots and refer it to the City Attorney. C. COUNCIL COMMITTEES No reports D. DEPARTMENT ~IEADS AND OFFICERS Res, (l) Upon the recommendation of the Director of'Public Works, it was 36'8'47 moved by qouncllman 'Hartman, seconded by Councilman Tyler, and ~,~399 UnanimouS!y carried to adopt Raeolution NO. 36-B-47, accepting streets in Tract 2399~ with the exception of a portion of Lomita Avenue, Tr, (2) The Director of Public Works recommended, and Councilman Hartman 2969 moved, seconded by Councilman Tyler, to accept the improvements in Con~t, Tract 2969 fo~ construction only. Motion carried unanimously. Stolmm (3) As recor~nended by the Director of Public Works, it was moved by Drain Councilman Tyler, seconded by Councilman Hartman, and unanimously D~s~. approved to confirm that tha improvements from Jims Way to the Improvement Creek constructed in connection with the joint storm drainage Completion dis~ic~ have been ~ompleted in accordance with the improvement plans and the one year maintenance period begins as of this date~ TT, 3483 (4) It was moved by Councilman Hartman, seconded by Councilman T~ler C¢.nst~uction and unanimously approved to accept the improvements ~n Tract 348 3, Acceptance Av_gonau~ Glen~ ~o~ construction only, Tr,3318 (5) It wa~ movad by Councilman Hartman, seconded by Councilman TylerB COnStruction and unani~ous!y approved to accept the impvovement~ in Tract 3318, Acceptance the ~rst uni~ of the Medical Village, for construction only. westmore!and (6) It wa~ moved by Councilman Tyler, seconded by Councilman Hartman, Rest Home- and unanimously approved to confirm that work has been satisfact- Improvement orily eomp!eted on the minimum access road improvements from Completion 8ou~a Lane ~o ~he Westm~reland Convalescent Home and to release ~he improvement bond. E, CIT/ADMIN!STP~TOR (~) The City Administrator presented an amendment to the City Code DId, 38,2 ~e!ating to tryfElt reSu!ation~ and parkin~ of vehicles which had T~af~c - been drawn by ~he ~y Attorney tO incorporate on-street parking Parking re~tr~c~iqns in the Saratoga Municipal Coda which were set forth restriCtto~s in an e~;t~c~ from a similar County ordinance, cQpieS of which had been distributed to ~he Council. Mayor Glennon, x'~h no objection~ directed the record to indicate ~he O~dinance NO, 3[-2 was int~_Qducad but not read, and continued to the next reEu!~r meeting, (2) Mr. Hanley recommended the establishment of a Street Improvement Fund which would be separate and distinguished from those capital Street improvements which are financed by Gas Tax funds. He explained Improvement that there are currently two projects ~ich do not qualify as Gas Fund tax projects and that a separate fund for accounting purposes will No. 92 facilitate keeping accurate records for these projects, especially in those cases where funds from other agencies or districts ~,~11 be available to partially pay for the project. It was moved by Councilman TyIer~ seconded by Councilman Hartman, and unanimously carried to establish a Street Improvement Fund/Fund No. 92, and authorize the transfer of $25,000 from Motor Vehicle in Lieu Fund to this account. (3) Mayor Glennon announced the following Council Committee appointments: Council Committee Management Committee: Chairman, Councilman Drake, and member, Appointments Councilman Tyler. Planning Committee: Chairman, Councilman Hart-. man, and member, Councilman Burry. Public Welfare Committee: Chairman, Councilman'Burry, and member, Councilman Hartman. ?~Iidy ~ Committee: Chairman, Councilman Tyler and member, C~u~6i~man Drake. ..' The Mayor requested the City Administrator to send a list of the Council Cormmittees, along with a description of their duties, to each of these members. COMMUNICATIONS A. !'~TTEN (1) Mr. Hanley read a letter from the Saratoga Hills Road Association Saratoga advising the Council that the gate and fence across Pike Road Hills Road near Saratoga Hills Road was placed there by the Association by Association - agreement with Stanford University. gate Mayor Glennon outlined the history of this matter and indicated that although the residents of Saratoga Hills Road o~m and main~ rain the road and do not want anyone else to use the road, the City would like the road to be open to the residents of Pike Road as an emergency access. The Mayor reviewed the Council's action at the last meeting in which the City Attorney was instructed to contact the attorney for the Saratoga Hills Road Association in an effort to provide safety access for those residents on the Pike Road side of the gate and, if that failed, to take steps to acquire that portion of the read on which the gate is located by eminent domain proceedings. The City Attorney reported that he had contacted Mr. Warburton, Attorney for the people involved and learned of the existence of the agreement with Stanford University so he went no further with the matter as it would benefit no one to acquire that portion of property on w~ich the gate is now erected if it could then be erected at another point along the road. Dr. Milton Broemser stated that the gate had been erected t6 cut off traffic which the residents considered to be hazardous and that in case of fire or other emergency vehicles could go around the gate by using the Pike estate driveway. Dr. Broemser further indic- ated that he did not agree that the area was hazardous for fire and that local emergency personnel have keys ~o the gate. It ~as pointed out by Mayor Glennon and Councilman Hartman that the Council is primarily concerned with privately operated vehicles getting thrQugh in an emergency and that, by statistical compari- son, the combustible material in the area creates a fire hazard far greater than that of similar areas in southern California which have been razed by fire. ~.~. Hitchman expressed his concern forthe safety of the Saratoga Hills residents'if th~ gate were removed but stated that he would support an alternate access around the hill instead of over it. After considerable dtseussion, Mayor Glennon, with Council approval, continued the matter until the meeting of May 20 so that each Council member might have the opportunity to make an on site inspection of the area. (2) The Council received copies of letters ~rom the Saratoga Union School School District and the Argonaut School P.T.A. Executive Board Pedestrian requesting the immediate installation of the stop signs originally Study requested. the initiation of a traffic study by a paid traffic con~ saltant and action by the Council on the recor~nendations of the consultant before the beginning of the 1964-65 school year. After confirming that (I) the Sheriff's Department and Chief of Police strongly opposed the installation of the requested stop signs, (2) the traffic study has already been initiated and it is hoped that the recommendation from the traffic consultant will be available in early summer and (3) that the Director of Public Works is arranging a meeting with the three parent groups who responded to the City's invitations to participate and cooperate in the safety study program, the Council agreed that the communi- cations should be filed and the City Staff directed to again con- tac~ thoseJschool districts whose parent groups did not reply to Cit's the y invitation. Art Center (3) With no objection, a letter from the Los Gatos Art Association Request - Art Center regarding street improvements on Austin i'ay was referred Austin Way to the Public Welfare Committee for review and recommendation. S.J.W.W. (4) The CityAdministra~or announced that the S~n JOse Water Works P.U.C. has submitted~a~request to the Public Utilities CommissiOn for an Rate increase in rates to offset the increases in their expenses. because Request. of the pump taxes ~,~ich ~11 be paya~ie to the local water conser~ vation districts beginning Julyl. 1964. League (5) Mr. Hanley announced that the League of CalifOrnia Cities Peninsula Ca~if. Cities Division will meet at Plateau 7 .onMay 21, 1964. E.R. .i (6) It was m0vedby 'Councilman Har~man. seconded by Councilman McKenzie and unanimously carried to approve a one year extension of time Extension to Mr. and Mrs. E.R. McKenzie for the construction driveway im- ' provements required as a condition of building site approval, with the City to retain the $100 cash bond for the additional year. B ORAL Mayor. Oiennon aCknowledged,'with pleasure~ t~e presence of Planning Commission representative Eugene O~Rorke, the Good Government Group repre~enta.tives, and the representatives from the.League of Women Voters. VIII ADJOURi~.~NT It was moved by~Counciiman Hartman, se~onde~by Councilman Tyler, and unanimously approved to adjourn the meeting at 11:15 P,M, Respectfully submitted, WILLIAM, C. HANLEY. CITY CL~~ -7-