Loading...
HomeMy WebLinkAbout06-03-1964 City Council Minutes SARATOGA CITY COUNCIL SLP~MARY OF MINUTES TILE: Wednesday,'JL~m~ 3, 1964 - 7:30 P. M. PLACE: Saratoga Hig'~ School Cafetorium, Herriman AvenUe, Saratoga, Calif. TYPE: Regular Meeting I ORGA~]IZATION Mayor Glennon called the meeting to order at 7:30 P. M. A. ROLL CALL Present: Councilmen Glennon, Drake, Tyler, Burry Absent: Councilman Hartman B. MINUTES ~.~nutes It was moved by Councilman Drake, seconded by Councilman Burry and carried unanimously to waive the reading and approve the minutes of the May 20, 1964 meeting, as written. II BIDS ~D CONTRACTS A. AGREE~ZNT WIll COUNTY FOR PAYMENT OF COSTS OF IMPROVE.~ZNT OF SARATOGA AVENUE Agreement Mr. Henley explained that this agreement formalizes the arrangement.. Saratoga which the City has with the-County whereby Saratoga Avenue will be Avenue improved at a cost of approximately $340,000, the project to be financed Improvement on the following basis: $170,000 from. urban extension F.A.S. funds, Costs $170,000 to be split between the City's share of non-expressway funds and the Saratoga-Cox Avenue Assessment district. It was moved by Councilman Drake, seconded by Councilman Burry and unanimously approved to authorize the Mayor to execute the agreement as presented, subject to the approval of the City Attorney. B. ~tANGE ORDERS #2 AND #3 TO COUNCIL CH~EKq CONSTP~UCTION CONTRACT Council Chambers It was moved by Councilman Tyler, seconded by Councilman Burry, and Contract- unanimously carried to approve Change Order 2, providing for the Change installation of a drinking fountain in the Council Chambers at a cost Orders #2 of $383.10 and Change Order #3, for the installation of a wash hasin and #3 in one of the rest rooms at a cost of $316.25. III PETITIONS, ORDINANCES, A!~D FO~-L~L RESOLUTIONS A. ORDINANCE 38.1 Ord. 38.1 Official ~Ir. Henley read Ordinance 38.1, as introdnced at the last meeting, Plan Lines being an ordinance amending the Saratoga City Code relating to official plan lines. Mr. Hanley explained that this amendment to the Saratoga City Code iS a basic ordinance providin~ a procedure for the establishment of official plan lines on public thoroughfares. After brief discussioni it was moved by Councilman Drake, seconded by Councilman Tyler, and unanimously carried to waive tbe reading and adopt Ordinance 38.1 as; introduced at the last meeting. B. ORDINANCE NS-5.8 - A~gNDING SUBDIVISION ORDINA2~CE RE ttILLSIDE DEVELOPMENT Ord,NS-5.8 C. ORDINANCE NO. 38.3 ~.~NDING CITY CODE RE GRADING & EXCAVATION REGULATIONS Hillside Development The City Administrator indicated that the amendment to the Subdivision Ordinance would provide for permanent control of building sitea and Ord.38.4 subdivisions in those areas in the City ':.here the ~rade is in excess Grading & of 10% and continue the provisions of the emerZency hillside develop- Excavation ment ordinance which ~as adopted last year. ~fr. Frank Halstead, representin~ the Santa Clara County Contractors and Homebuilders Association, stated that several building associations -1- in the area have been working as a co-mittee to study the various grading ordinances in the Cotmty and would appreciate having these proposed ordinances scheduled for a study session prior to the next regular meeting as they have several recomendations they would like to discuss. With Council approval, ~ayor Glennon directed the record to indicate that both Ordinances were introduced and referred to the Planning Committee for a study session with representatives of the Building Associations prior to the June 17 meeting. D. P~SOLUTION NO. 187 Res. 187 In connection with the agreement under which the County of Santa Clara Saratoga will contribute to the cost of Saratoga Avenue improvement, it was moved Avenue by Councilman Drake, seconded by Councilman Burry, and unanimously Relinquish- carried to adopt Resolution No. 187, consenting to the relinquishment ment to of Saratoga Avenue from the northern City limit to a point 1000 feet County south of Cox Avenue as a County Highway for improvement under the 1961 County Expressway Bond program. E. RESOLUTION NO. 188 Res. 188 AIr. Proceed. It was moved by Councilman Burry, seconded by Councilman Tyler, and Levying taxes unanimously carried to adopt Resolution No. 188, adopting alternate SCL 1 & procedure for levying and collecting assessments on ad valorem basis Azule Light. for the SCL District 1 and Azule Lighting District. F. RESOLUTION NO. 189 Res. 189 It was moved by Councilman Drake, seconded by Councilman. Tyler, and. Routes of unanimously approved to adopt Resolution No. 189, concurring in Fed. Aid the designation of routes of the Federal Aid Secondary ~ystem in Secondary Santa Clara County. System IV SUBDIVISIONS ~]D BUILDING SITES A. SDR-397 - 30~M P. ~ALTBY SDR-397 Maltby Mr. Henley indicated that all conditions of tentative building site approval for one lot on Woodbank Way have been met with the exception of execution of an indemnification agreement in a form.. satisfactory !. to the City Attorney and that ~r. Maltby has expressed willingness to execute this agreement. Planning Director Stanley Ualker explained that the Planning Commission~ with the advice of the City Attorney, felt that unless a drainage ditch and pipe on the property is brouFht up to the standards required by the City Engineer the City and Flood Control District should be indemnified from any claims that might arise from the present drainage installation. It was moved by Councilman Drake, seconded by Coun~li~n Tyler, and . unanimously approved to adopt Re~olution No. SDR-~97j~l~ approving one lot on Woodbank Way as a building site, subject t~cution by Mr. Maltby of the inden~nification agreement in a form which has been approved by the City Attorney. B..*SDR-474 - LLOYD C. TIDBALL SDR-474 It was moved by Councilman Tyler, seconded by Councilman Burry and Tidball unanimously approved to adopt Resolution No. SDR-474-1, granting building site approval to Lloyd C. Tidball fcr one lot on Palomino Way. V PUBLIC HEARINGS - 8:00 P. M. A. V-241 - JCHN H. V-241 Continued until later on the agenda at the request of the applicant. Michelmore Appeal -2- Mr. Hanley read a letter from Mr. Borls Stanley, Attorney' representing UP-65 the Saratoga Lutheran Church in its appeal from Planning Commission Saratoga denial of a Use Permit for a church and Sunday school on the ~ou~- ~, '= Lutheran west corner of the intersection of Saratoga-Los Gatos Road& ~3~n Una Dr. THe Church letter, dated May 20, 1964 requested further continuation of the Appeal hearing on appeal to the meetln~ of September 2, 1964, on the basis Continuation that the church is attempting to find an alternate site that will be suitable for the church and the area residents. Mr. Hanley also indicated that, in accordance with council action at the last meeting, he had informed Mrs. Gullo that the request had been received and had asked if she would relay the information to the interested parties and that several of these persons were present at this meeting. ~;[r. Ben Gullo of 19540 Saratoga-Los Gatos Road, Mrs. Ruth Alter, 2678 Plumber Avenue, San Jose, ~r. George Moran, ~{r. Searin~ of Bellecourt, Mr. Maurice Rankin, Clen Una Drive, and Mrs. Ferenzle of Saratoga- Los Gatos Road, requested that if the council Zrants a further continu- ation of this matter it be at a time ~en they will be able to be · present to express their opposition to the present proposed site. Mr. Boris Stanley stated that although it would be more convenient for the $hurch if the matter was continued to early September, his clients would agree to whatever date the council decides is equitable. With Council approval, }~yor Glennon directed the hearing on the appeal of b~-65 continued to the meeting of November 4, 1964. C. ORDINAlICE NS-3.6 Mr. Hanley indicated that the public hearing on the proposed amendment Ord.NS-3.6 to the Zoning Ordinance to establish a Planned Co~!~unity Zonin~ Planned Classification had been continued from the last meetin~ so the Council Community could become more familiar with the ordinance and the proposed modi- Zoning fications recommended by the City Attorney. District After discussion, Mayor Glennon, with council approval, directed the City Attorney to redraft the proposed ordinance in accordance with his recommendations and that the public hearing be continued to the next regular meeting. D. V-243 - E. L. ISBELL The City Administrator noted that the Isbell's have requested a hearing de novo on their appeal from the Planning Commission denial of a V-243 variance from the Zoning Ordinance to allow an 8 ft. side yard setback Isbell in lieu of the required 10' side yard setback for the property located Appeal at 20202 Thelma Avenue. ~. James E. Jackson, attorney representing ~. and Mrs. Isbell requested a de novo hearing on the basis that the applicant wished to present evidence which was not presented to the Planning Commission. It was moved by Councilman Tyler, seconded by Councilman Drake, and unanimously approved to grant a hearing de novo and that said hearing be set for 9:00 P. M. Uednesday, June 3, 1964. Recess: 8:45 P. M Reconvened: 9:00 P. M. Mayor Glennon declared the public hearing de novo opened at 9:01 P. M. on the appeal of E. L. Isbell, File No. V-243. Planning Director Stanley Iqalker reviewed the history of the variance application and the action of the Planning Commission denying the variance since the findings required by Article 17.6 of Ordinance NS-3 for the granting of a variance could not be made. -3- Mr, Jackson, representing the applicant, stated that the variance was filed to allow construction of a two car garage and conversion of the existing one-car garage to a bedroom, He appealed to the Council to grant the variance on the basis that (1) an additional bedroom, garage and storage space is necessary to accc~odate the needs of their growing children (2) alternate remodeling plans which would conform to the city ordinances would not provide the spece needed and w~tld be financially proilibitive as ~ell as aesthetically un- desirable (3) re-sale of the property would be difficult as it is located in an area of t~o-car garages (4) neighbors do not object to the requested variance and have expressed the opinion that it would be an asset to the neighborhood. ~.~. and Mrs. Isbell spcke in behalf of their application and Mr. Pertin, a neighbor to the Isbell~s, stated that no one in the immediate neighborhood objects to the variance and that, in fact, a number of setback requirements had been v~olated prior to the city's incorpora- tion and the proposed addition would not be inconsistent with other development in the area. After discussion Mayor Glennon, with council approval, ordered the matter continued to the next regular meeting and referred to the Planning Committee for study and recommendation. A. V-241 - JOHN ~CHELMORE - CONTINUED FROM EARLIER ON AGENDA ~. John ~onginotti, attorney for Mr. and Mrs. John Michelmore, reported that his clients had been unable to arrange for the purchaae V-241 of the additional 3 I/2 feet from t~mir neighbor to the rear and that Michelmore he would therefore respectfully request the City Council to hold a Appeal Public Hearing de novo on this appeal. It was moved by Councilman Drake, seconded by Councilman Tyler and unanimously adopted to hold a hearing de novo. The Mayor declared the hearing opened at 9:45 P. M. and Mr. Longinotti pointed out that Mr. Michelmore was an innocent purchaser from another innocent party who had no knowledge that the construction of the additional room was done ~ithout a building permit and in violation of the rear yard setback. Mr. Lon~i- nottt indicated that this left Mr. Michelmore no legal recourse against the party who ~as actually responsible for the violetion. Ther~ being no further discussion from the floor it was moved by Council- man Drake, seconded by Councilman~B~=~.and unanimously adopted to close the hearing at 9:50 P.M. '~ ~i City Council discussion emphasized the fact that Mr. Michelmore was an innocent purchaser from an innocent seller and that in all previous situations where such appeals have been denied the applicant himself had been the party responsible for the violation. It was moved by Councilman Drake, seconded by Councilman Burry, and unanimously epproved to allow a 21.5' rear yard in lieu of the required 25' rear yard at 18749 Aspesi Drive upon the condition that ~he applicants comply with the requirements for improvement of the room as set forth in the letter from the Chief Building Inspector. VI OLD BUSINESS A. C-68 - MASON ENTERPRISES, INC. C-68 The Mayor next took up the application of Mason Enterprises, Inc. to Mason fezone approximately 21 acres located south of Wardell Road and West Enterprises, of Calabazas Creek from R-l-15,000 and R-I-40,000 to R-I-12,500-P-D. Incorporated The Mayor reported that ~r. Rogers of Mason Enterprises had called to inform him that he would not be able to attend the meetin~ because of illness. The City A&ministrator reported that the same allegations regarding receipt of misinformation from the Planning Department with respect to the zonin~ on the property as set out in Mr'. Roger's letter of May 20, 1964 had bean made before the Planning Commission and considered by that body prior to it~ d~cision on the application. It was moved by Councilman Drake, seconded by Councilman Burry and u~animously adoprod to deny C-68, the application for rezoning of Mason Enterprises, Incorporated. -4- VII ADMINISTRATIVE MATTERS A. MAYOR I.C.C. (1) Mayor Glennon reported that the Inter-City-Council meeting would Meeting be held Thursday evening, June 4, at the Marco Polo restmfrant in Los Altos and that any council members able to attend would be welcome. Subdivision (2) The Mayor also reported that costs for County subdivision engineer- Engineering ing services were exceeding subdivision fees and he ~herefore Costs Study referred to the Management Committee the problem of reviewing these fees and costs and recommending any changes in current policy to the Council. Police & (3) The Mayor also reported that Councilman Burry, the City Adminis- Communications trator and the Mayor had appeared at the Board of Supervisors Contract during its discussion of contract services and costs for both Service Communications and police services and that the Board had Costs decided not to increase costs for the 1964-65 fiscal year but to refer the matter to a connnittee of County officials and City representatives to analyze the cost factors involved. B. FINANCE Bills It was moved by Councilman Drake, seconded by Councilman Tyler~ and unanimously adopted toapprove the disbursements on the list dated June 3, 1964, for a total amount of $49,768.65 and authorize that warrants be drawn in payment. C. COMMITTEE REPORTS J.C~mpbell(1} ~. Henley reported that Mr. Charles Earley, Chairman of the Saratoga Nominee to Library Committees has recommended John Campbell for consideration for to.Library appointment to the County Library Commission. Councilman Drake indicated Commission that he believed Mr. Campbell would be excellent for the position and therefore moved~ seconded by Councilman Tyler~ to advise the County that the City's nominee for appointment to the County Library Commission is Mr. 3ohn Campbell. ~otien carried unanimously. (2) Councilman Burry reported that the Public Welfare Committee met Tr.3101 Monday June 1, 1964 and considered the request for construction Blue Ridge acceptance of Tract 3101, Blue Ridge, and that all improvements Construction on this subdivision have been completed in accordance with approved Acceptance plans and specifications with the exception of cleaning, deepening and widening an out-of-tract drainage ditch across the adjoining Spaich property. This has not been done because the property owner will not grant the requi red easement to the developer. Councilman Burry further reported that George McKenna, on behalf of the develope=s George Day, has offered to post an $800 cash bond to cover the costs of the drainage improvement plus agreeing to pay up to 25% additional should the total costs run that high and that the Committee recommend~ that Tract 3101 be accepted for construction on this basis. Trinity Councilman Burry also reported that the Public Welfare Committee had Avenue considered the Trinity Avenue Drainage Problem and in the light of Drainage the City Attorney's opinion, as set forth in his letter of May 21, 1964, it is the Committee~s recommendation that, althouZh the City does not have any present responsibility for a problem which is the concern of the property owners, the developer and the school district, the Director of Public Works be requested to work with the parties involved in the interest of achieving a satisfactory solution. Mr. Robert Aqui] ar spoke on behalf of the residents along Trinity Avenue and Mr. Bernard Turgeon .'General Manager of the George Day Organization advised that the developer would continue to work with the Director of Public Works and the residents in an effort to correct the drainage problem. It was moved by Councilmsn Drake, seconded by Councilman Tyler and unanimously approved to acccgt the improvements in Tract 3101 for construction only, subject to posting of the bond as recommended by the Public Welfare Committee. -5- Mr. Paul Hiefner, 20677 Trinity Avenue eXpressed approval of the City's end DeVdloper's efforts iu trying to work out an effective solution to the drainage problem with the residentS. 1964-65 (3) Mayor Glennon reported that the Management Committee has completed its review of the budget, that he has also completed his review and Budget recommended that the remaining members of the council take an early opportunity to go over it prior to its typing for presentation to the council at the ~e~ing of June 17, 1~64. D. DEPARTMENT HE~DS AND OFFICERS R e8. 190 The Planfling Director presented Resolution 190, authorizing the City to 701 Funds apply. for 701 funds to defray a portion of the costs of the General for Geu. Plan review. It was u~ved by Councilman Tyler, seconded by Councilman Plan Drake and unanimously approved to adopt Resolution No. 190. E. CITY ADMINISTRATOR (1) The City Administrator reported that lfr. Rodrigues of Town and Sarahills Country Developers has completed arrangements to obtain a 50' r/w through right-of~ay through the Russel property to connect the Sarahills Russell subdivision to Highway 9. He indicated that Mr. Rodrtgues was property willing to dedicate this right-of-way and improve 18' of it to City standards if the city would accept the improvements for construction and ultimately maintenance by the City. It was moved by Councilman Tyler, seconded by Councilman Drake, and unanimously carried to indicate that the City Council would accept the proposed street for construction and maintenance upon completion of the normal maintenance period. (2) The City Administrator reported that Sanitation District No. 4 Sant. Dist. has requested a meeting with the Director of Public Works to No. 4 determine if it is possible to include a large sanitary main mains in in the plans and specifications for the improvement of Saratoga Sara. Ave. Avenue to be paid for by Sanitation District 4. The City Improvement Administrator indicated that he would report to the council . Project if it proved to be possible to work out such an arrangement to avoid cutting the improved pavement at a later date, Dr. Abrams was present and suggested the possibility of working with the telephone company to get its main telephone cable along Saratoga Avenue placed underground and it was the direction of the City Council that this effort be made. Council (3) The City Administrator reported that the required change order Chambers to provide the sprinkler system over the stage area in the new Change council chambers, which had previously been discussed with the Order - Council, was estimated to cost $4011 plus connection fees to Sprinkler the water line. He indicated that$5500 has been tentatively System budgeted for this purpose. It was moved by Councilman Drake, seconded by Councilman Tyler and unanimously approved to authorize the City Administrator to proceed with this change order. VIII COMMUNICATIONS A. WRITTEN (1) The City Administrator read a request from Dr. Isaac Abrams Ord,NS-3-ZC-7 for a one year extension of the conditional razoning for Ord. NS-3-ZC-8 the Medical Village of Saratoga and the Professional Village One year of Saratoga. tie indicated that this request was consistent Extension with the recent Planning Commission action ~lx extending the building site approval for one year. It was moved by Councilman Drake, seconded by Councilman Tyler, and unanimously carried to approve a one . extension of the conditional rezoning of Ordinance NS-3-ZC-7 and Ordinance NS-3-ZC-8. R.J.Lawton (2) It was moved by Cour~cilman Drake, seconded by Councilman Tyler and unanimously adopted to approve a siy raouth extension to Building Site R. J. Lawton for completion of conditionj required in connection Approval with building site approval. Extension -6- Mayor Glennon acknowledged, with pleasure, the presence of Good Government Group representatives Ruth Owen and Tom Wilburdlng and Planning Commission repre~entative Dean Cowley. IX ADJOURNmeNT It was moved by Councilman Drake, seconded by Councilman Tyler, and unanimously approved to adjourn the meeting at 11:10 P. M. Respectfully subnnttted, -7-