HomeMy WebLinkAbout08-04-1965 City Council Minutes °~.RATOCA CTTY COUNCIL
S!~lb~k~Y OF
IV.i~E: gednesday~ August ~ ~965 - 7:30 P. H.
P~CE: Saratoga City Council ~ers~ 13777 FruiL~ale Ave, ~ Saratoga
T~E: Regular
I
Nayo~ Cle~on Called the ~et~ to order at 7:30 P. N.
A. ROLL ~LL
Present: Council~n Glennon~ Drake~ Hart~u~ Bu~ry~ ~ler
Absent: non~
B. ~N~ES
I~ ~as ~ed by Council~ ~e~ seconded by Co~cilmn H~tn and
unnn~ously ca~ied to waive the reading of the ~nutes o~ the J~ly
1965 ~e~ing and app~ova them as wi~ten,
II BIDS ~ COerCeS
A.AG~NT with Flood Control District ~or i~tallation o~ a 66 ~ch
water line under Saratoga Avenue, Saratoga Avenue Ch~ge
~eemnt
l~ate~ l~ne ~ith C~ncil appr~, ~yor Glennon de~erred this item until the
Sara~Ava, agreement fo~ has been received from the Flood Control District,
~, H~ley. noted that the District ~11 pay the full cost of the
installation of the water line but tha~ it will require ~
~ith ~he City ~d a ch~e o~de~ ~or tha ~acoga Avenue project
to allow the work to be done in conjunction ~th the ~rovemnt project,
III PETItIOnS, O~I~CE ~ FO~ ~SOLU~IONS
3 A~ ~SOL~ION NO. 36-B-75 - ~C~ 2967
~s,
'~, 2967 ~, Huff reported that all de~iciencies have been co~ected in ~act
Ro, 2967 and ic was ~ved by Co~cil~n HarSh, seconded by Co~cil-
mn ~fler ~d un~imously called to adopt Resolution No,
accepti~ the dedica~ion of streets in ~act 2967 ~d releasinE the
~p~e~n~ bond posted to gu~antee construction of ~p~ovements,
B. ~SOLU~ION ~0. 278 - ~SOLU~ION OF IN~N~ION ~ ~ON PORTION OF
C~ C~TILDE DRI~
Res, 2~8 ~, ~ey expl~d that this resolution ~ould be the ~i~sc s~ep
~ale~ the p=ocedu~e to abandon a portion o~ ~alet Clotilde Drive,
Clotilde Huf~ stated ~hat the p~ope~ty is on a cul-de-sac ~th a 60~
Abedon,
way and that the City only requires a 40~ ~i~h~-of-~ay and tha~ the
abutti~ o~e~ would like the City to abedon a 201 strip so he
use i~ to meC area requirements ~or a build~g s~e, ~, Hu~
~lained tha~ although t he ~equested abando~n~ would crea~e an
o~-cen~e~ al~n~ of the stree~ the property ~er ~ould be ~ble
to utilize either of the lots as a build~ site i~ the ab&~do~nt
were to consist o~ ~en foot strips on either side e~ the street. Afte~
discussion it was moved by Co~cll~n D~ake~ eeconded by Co~ci~n
Hartm~n and ~animously carried to a~op~ Resolution No, 278~ settin~
public hea~i~ ~ proposed abando~n~ o~ a portion of ~alet Clotilde
kive ~d the ~yor~ with no objec~ion~ ~e~ed the ~Cter to the
Pla~in~C~t~tee ~or study ~ reco~ndation,
C. ~SOL~IONS 'PER~ININO TO FO~ON OF AZ~ HO~SITES I~RO~NT
PRO~C~
Azule
l~o~sites ~, Hanley e~lahed ~ha~ these resolutions' a~e s~dard fom ~esolutlo~
I~ov~ent p~eli~ to ~o~ion of the Azule H~sites ~nt Distric~
District ~d that the ast~a~ed spread of assess~n~ is based on 107~ on a
basis~ 10~ on d~ll~g units and 80~ on fretage, ~e City ~nls-
traCor ~dicated tha~ this fo~la ~ould =esult in ~ approximate
assess~nt of $~50, pe~ lot after dsducti~ the costs to be contributed
by Gas ~ ~ds ~d Store ~ater ~ds,
Councilmen Drake exp.~essed concern that enly 757, of the property
owners had petitioned for the proposed dist.~:tct and Mr, ~Faddens
· representing the bonding attorneys iadicated that although the
Azule percentsge did seem low it might not necessa~'ily mean that the other
Homesites property owners were opposed to tile district and that the resolutions
Improvement before the Council at this time would include setting a time and place
District for public hearing of protests. Mro McFadden stated that 7G% of the
land area has petitioned for the district and that each property ox~ler
will have an Opportunity to object at the time of public hearing if
he wishes e
I~TSo Joan Gl'eene~ 12350 Losira Avenue, Stated that she.objec[~d to
an assessment for storm drains aS her proper~y in the Azule a~ea
already has a storm drain. Mayor Gleunon adVised Mrs, G~eene that
the Director of Public Works will check this item and that she should
be present at the September 15 hearing to register her objections,
Councilman Drake stated that he would approve the resolutions to
proceed with possible formation of the improvement district but hoped
that by the time of the hearing mere proponents for the district will
have supported the petitioners, Mayor Glennun noted that many people
in the Azule area have for years tried to improve their properties
and that he hoped the district would be formed for their benefit,'
It was moved by Councilman Hartmans seconded by Councilman Tyler and
unan{-~usly carried to adopt the following resolutions pertaining to
Azule Romesites Improvement District:
Azule:
Res. 279 (1) RESOLUTION NO. 279 - Preliminary approval of Engineer* s report
Res. 280 (2) RESOLUTION NO. 280 - Setting protest hearing on resolution of
Res, 281 intention
Res. 282 (3) RESOLLTEION NO. 281 - Calling for sealed p~oposals
(4) RESOLUTION NO. 282 - Describing proposed boundaries
D. ORDINANCE NS-5,9
Ord, NS-~5,9
Sub. erd. Councilman Hartn~n reported that the Planning Committee met August 2
Amendment to review this proposed amendment to the Subdivision Ordinance and
re that the amendment would clarify exlsting regulations regarding
additbns alterations or additbns to structures. The Planning Committees
Councilman Hartman continueds recommends adoption of the amendment
and it was moved by Councilman Tylers seconded by CounCilman Burry and
unanImously carried to adopt Ordinance NS-5.9 as read by the Clerk and
as introduced at the last moettng~
E. RESOLUTION NO. 283~A -QUITO LIGHTING DISTRICT
Res. 283-A
Quito Mr, Henley reported that the County of Santa Clara has adopted a
Lighting policy of incorporatin~g all the lighting districts in the County into
District a single lighting service district, The Quito Lighting Districts
Resolution Henley continueds is partially in the County unincorporated area and
of Intent, partially in the City and that it will be necessary for the City to
initiate proceedings to adopt the district in order to continue
service to the area.within the City, The electrollers are already
in and the City Administrator indicated that the tax money collected
by the County should be sufficient to pay the utility charges untll
about Januarys 1967 and that the City needs now to initiate
proaeedings for ass~m{n~g the duties of levying and collecting taxes
for the district,
It was moved' by Counciiman Drake, seconded by Councilman Hartman and
unanimously carried to adopt Resolution No, 283~As being a resolution
of intention to initiate proceedings for the fermation of the Quito
Lighting District,
/
Hearing - tt was then moved by Councilmas~ Har~-~ns seconded by Councilmen Tyler
Res.283-B and unaD{mnusly carried to adopt Resolution No, 283-Bs setting public
Quito hearing on the Qutto Lighting District for 8:~0 P, M,. on September 1,
Lighting,
IV SUBDIVISIONS Ah~) BUILDING SITES
A, SDR-581 - HE, LEN K, RAYBURN
SDR-581 :.
Raybum Mr, Hanley reported that all f~es have been paid and conditionn met in
Connection with SDR-581 application for site.approval for one lot on
Big Basin Way with the except~ of recgrdation of the survey map.
It was moved by Councilman Tyl~r~ seconded by Councilman Burry and
i- unanimeusly ca=tied to adopt ReSolution No. SDR-581~l~ s~bJect
receipt of the re~o=ded surveysmap.
B. SDR-476 - FIRST CHURCH OF CHRi~T~ SCIENTIST.
SDRN476
First Church It was'moved by Councilman Drakes seconded.by Councilman 'Har~ and
of Christs unanimously carried to accept the tmprove~e~t~s for construction
Scient~st - for the First Church of Christ~ Scientists with.the one year mainten-
Accept. ance period to begin as of this date.
~mprove.
D. SDR-4~7 - M. L. SNO~
SDR-447 ~"
Snow - It was moved by Councilman Ha~nn~ seconded by Councilman Tyler and
hnprovement ananimously carried to accept:~he improvementss for construction
Acceptance calyx,constructed in connection with' building site approval SDR-~+7.
D. SDR-580-1 ~ QU~TO PARK SHOPPING CENTER
Mr. Hanley reported that this ~tem was deferred at the last meeting
SDR-580 until the hnprovement plans were subaLerted and that the Staf£ now
Quite Park reconnends approval as all fee~ have beenpa/ds bonus posted and
Shop. Center - conditions met. It was moved ~y Coancilman Burry. seconded by
Library Councilnmn Tyler and unan~u~ously carried to adopt Resolution No.
branch SDR-580-1. ~ranting building site approval for one lot in the Quite
Park S~opping Center filed on b~half of the County Library Comm~9Sion.
Mr. Charles Farley. Chairman o~..the Saratoga Library Cc~mtssion.
ob3eeted to the proposed libraky branch use which is scheduled.for
the Quite Park Shopping Center:site. He stated that he felt that
thexproposed branch librar~will..not provide the first class ~ervice
that Saratogans are paying for !~n county library taxes buts
· contrary. will prolong the tim~i.when such 8ervicew~ll be provided.
Mr. E~rley also indicated that ~afelt this proposed Quite h~anch
library ~ould ]~opardtze the ~t~us character and relinquish control
of th~ ultimate design of the
MayOr Glennon noted thats"~t the last meetings the County Library
Department was cautioned~that ~he ~tty will expect 100% return in
services for the taxeseei~ec~a from saratoga. The Mayor
~ndicated that he did not. think the: pr6posed Q~ito branch would of
itself harm the overal~ plans,for adequate library services within
the City and does not preclude the possibil~ty of a main ltbrery
at the Civic Center site. Mayor Glennon reported that this subject
was discussed recently when he addressed Saratoga High School civics
classes and that the students were ~er~ much in favor of having a
main library at the Civic Center~ particularly because of its
proximity to the proposed Youth Center on the Civic Center Site.
Mr. George Fartier. County Librarians indicated that he felt that the
proposed 6i000 square foot Quite branch library would be the first
step toward ~roviding better service to
V PUBLIC FaARINGS
A. ORDINANCE NS-3.10
Mr. Henley read proposed Ordinance NS-3.10s regulating the storage of
Ord. motor vehieles~ trailerss airplaness boats. parts. building materials~
NS-3.10 trashs garbage and refuse in residential districts. Mayor Glennon
Storage in declared the public hearing opened at 8:57 P. M. and directed that
front yards the Planning Comm~ssion file and all correspondence be included as
evidence ~n this'hearing.
The City Attorney e~plained that he had drafted the ordinance in
O~d, NS-3o10 confonnance,with California State law and explained that the
Storage ha Ordinance primarily prohibits storage of tile above named materials
in required front yards ~nd in side and rear yards without appropriate
Front yards
screenings and also provides thats in hardship cases, the Planning
Director has the right to grant special permits for storage in other-
wise prohibited areas; The City Attorney emphasized that this
ordinance does not prohibit the storage in any rear yard unless it
is a co=net or through lot and then storage is permissible if it is
fenced or otherwiee screened.
Ban Hargasons 13650 Saratoga-Vista; Mre. Edward Angen; and John
Turner, Wardell Court, spoke against the adoption of the proposed
ordinance and the following persons spoke in favor of the ordinance:
Mrs. Angerers Via Monte; Mrs. Smyths Charters Avenue; Renee T. I~tm~t-re;
Robert Walker, Surry Lane; Floyd Jansen; and Mr, Pearsons 13264 Glen
Brae Drive. Mr. Margason, who objected to the prohibition of trailers
in required front yardss stated that he did approve of the prohibition
of trash and garbage..
There being no one else present who wished to speak for or against the
ordinances Councilman.Tyler moveds seconded by Counailman Hart-man to
close the public hearing. Nation carried at 9:20 P. M.
Nayor Gleanon directed the record to indicate that Ordinance No,
NS-3.10 was introduced and will be on the ageadd of the next regular
meeting for Council action and that if it is adopted at that t!r~e it.
will become effective 30 days thereafter,
Recess: 9:25 P.M.
Reconvened: 9:45 P. M.
B. V-260 - HAVEN INVESIMENT CORPORATION
Mr. Henley reported that this is the t~r,~ for hearing on the appeal
V-260 of Haven Investment Corporation from Planning Co~m~ssiom denial of
Haven a variance from the Zoning Ordinance to allow expansion of existing
Nursery legal non-confor~Ln~ nursery,
Appeal Councilman Hartman, with Council approval, refrained from participation
'in the consideration of this item on the basis of possible conflict
of interest through his business.
Mr. Henley read the report from the Pln--ing Co-,,{ssion regarding
V-260 ~hich reported that the Con~m~ssion was unable to make the
findings required by low to grant the requested variance. Mr. Henley
then read the appeals filed on behalf of Haven Investment Corporation
by Mr. Ross Paratore and reported that notice of public hearing on
the appeal had been mailed according to. low.
The City Attorney read the specificat~ons on the findings which mast
be made to grant a variance and explained the history of the low
suit regarding this matter. The Judgemeats Mr. Johnston reporteds
was a Stipulation on the part of the nursery to the findings of the
Court regarding the removal of 'the use within a specified time.
Mayor Glennon declared the pubiic hearing opened at 9:58 P. M. and
the PlannSng Co-,,{ssion file introduced as evidence,
Mr. Pardtore stated that he was told at the time he purchased the
property that both parcels were zoned for nursery use and that he was
not aware that the property was divided into two zones. Mr. Paratol'e
said that the~parcel in question is landlocked and that it will be a
great hardshi~; to h~'m if he is not allowed to use this property.
The parcel was' considered as a growing grounds not retail, Mr, Pare-
tore continueds but he will have the area cleared per the Court
injunction by August 25, 1965.
Mr. and Mrs. Dick ~hiteheads Genie1 Avenue; George Engstrom, Carn~el
Avenue; Andre Bogarts Wardell Road; Mr. Carniels Carn~el Avenue;
l~r, B, K. Cobern; Mr, Buchanans Carniel Avenue; ~S. Ruth VanderbY=st;.
Mr.. Richard Brynns Glen Brae Drives and Mr, Harrisons K~lBride Drives
spoke in favor of retaining the use of the parcel behind the
nursery as a growing grounds with the possible ~mpr~Tement of controls
Haven which nutght be added by some type of conditional zoning or use permit,
l~urse~ Mr, Turners Wardell Courts objected to the request in its present
Appeal form and stated that he did not object to the growl-s ground use but
does object to the use of Wardeli. Court as access to the business.
Mr. Richard Bennett expressed concern with the poor public relations
exhibited by the nursery in its advertising and signs and stated
that the criticism directed against the City Council aud Planning
Commission has been unjust. The City was formed primarily because
of zonings and the Council and its comm~ssions X~r. Bennett continueds
are responsible for maintaining desirable zoning throughout the City
and that he is sure that in this case~ as has been the case in the
pasts there was and is good reason for any action the Council has
teken,
It was moved by Councilm-- Drakes seconded by Councilman Tyler and
carried to close the public hearing at 10:37 P. M.
The Council discussed the subject at length and agreed that it is
not possible in this case to mn~a the affirmative findings required
by the zoning ordinahce regarding variances. It was suggested that
the Haven Investment Corporation either file for r~zoaing to condi-
tiomal nurser~ use o~ present the matter to be studied in conjunction
with ~JJe General Plan review which is currently under study,
It was moved by Councilman Drakes seconded by Councilman Tylers and
unanimously carrieds With Councilman Hartman abstaining, to uphold
the Planning Co-~i~{ssion decision regarding this matter and deny the
request for a variance,
C. SARATOGA UNITED PRESBYTERIAN CHURCH - HEARING ON APPEAL FROM CITY
BUILDING DEPARTMENT RE SHAKE ROOF ON CHURCH
Mr, HanIey reported that previous requests of this type have been
United referred to the County Fire Marshal!s'=office and in each case when the
Presbyterian applicant was informed by the Building 'Inspector that the State Code
Church - could not permit shake roofs on churches the plans were changed to
Appeal for conform to the present code, Recently~ howevers the United Presby-
Shake roof terian Church on Highway 9 presented the same case and the State Fire
Marshal~s office indicated to the church architects that an alternative
to the Code could be permitted. Suggestions ~ere subn~tted by the
City to the State and they replied that although they would not approve
substitutes for fire retardant roofs as a matter of code amendments
they would consider individual cases based on several factors, As a
results Mr, Hanley continueds the Staff exam{ned Title 19 and feels
that the architects proposal is a satisfactory substitute and the
Building Officials .Mr..Hatrise recomnends approval in this case.
Mayor Glennon declared the public hearing opened at 11:00 P. M. and
Mr. William Higgius quoted from the arch~tect*s proposal and stated
that there is no danger to the public by the use of the substitute
roofing material,
Mr. Browns repres~entative of the redwood 1,-~er industry as~ociation
and member of the Covemores Conflagration Cor~,{ttees reported that
the University of California had tested the proposed asbestos inter-
lay and that it was received extremely favorably by the State Fire
Marshal*s office and by mast fire chiefs throughout the State,
Brown stated that this ~pe of roofing unterial is also being con-
sidered by the Uniform BUIlding Code Co~4 tte~ and that it appears
that when the Unifom Building Code is changed to allow this type
of roofs. =he State Code will be changed also, Meanwhile it is
necessary for the appeal procedure to be followed to permit the
requested roof, The City Attorney pointed out that the City Code
does allow this type roof but is superceded by the State Code which
does not allow it. ·
It was moved by Councilm~n Drakes seconded by Co--~_ilm~u Tyler and
unanimously carried to close the public hearing at 11:18 P. M. Council-
man Burry moved to reverse the decision of the Building OffiCial and
allow the alternate roofing materials subject tO the approval of the
State Fire Marshal. Council,,~ Tyler seconded th8 motion which
carried unanimously,
D. C-85 - LO.~A SEKENA DEVELOPMENT CON~ANY
C~85
~m ~e City Clerk stated that the Plni~ Co~ssion rec~-ds approval
~re~ of the requested rezoni~ ~ A to ~l-10s000. ~, H~ley road the
Develo~nt subdiv~fon report for ~ de~lo~nt and re,fred that the tent~
tire mp has been approved for this subdivisi~,
~yor Gle~on declared the public hearing'opened at 11:25 P. M. ~d
~. Ha~ey Shean, 112 ~ gay~ ~s ~tos~ was advised ~at his
question regardi~ ~ objection to one of the conditions of tentative
mp approval should be appealed to the Council,
~e P1a~i~ Co~ssion file for C-85 was introduced as e~dence
and there being no one else present ~ho wished to speak regarding
this applications Counciln Bu~ ~eds seceded by Co~ciln
~ler to close ~e ~blic he~. ~tion c~ied 11:30 P. M.
~d, No. ~yor Cle~on directed the record to indicate tha~ ~dinance No.
NS-3-Z~28 NS-~ZC-28 was htroduced ~d will be on the agenda for the ~t
regular ~eti~ for co~ieration of passage,
~ O~ BUSI~SS
A. ~A ~IS CL~
S~atoga ~, Hanley reported that this totter ~ c~tinued f~om the July 21
Te~s ~et~ ~d that ~t w~ h~s ~de~st~di~ that ~, C~ ~uld be
Club - pres~t at this t~. Noting that ~ representative of the Tells
Ko~na Club w~ present~ ~yor Gle~on directed the Clerk to request
C~th to ~ive a progress report at the n~t methg reg~ding the
traffic on ~a In relation to =he S~atoga Te~s Club.
A. ~YOR
No reports
B. FlUtE
It was ~d by Co~i]m~ ~es seconded by Co=mn~l~n Hartruns
~d ~usly ca~ied to approve the disbursements on the
dated August ~, 1965 for a total ~un= of $~,394.73 ~d authorize
that w~r~ts be dra~ in pa~ent.
C. CO~CIL COBWEBS
No reports
D. DEP~ ~S ~ OFFICERS
~e Director of hbllc Works reco~nded ~cept~ce of const~tion
SD~8 of the work done ~n co~ectiun with SD~448 for Dr. Parker ~d
~nst~ction was ~ved by Councilran ~e, secoMed by Councilran HarSh and
Accept~ce un~ously c~ied to accept the ~r~e~nts s for constr~mt~on only,
~d begin the one ye~ ~nten~ce period as of this
~. Hanley reposed that the H.V.S. C~p~y and Paul ~ss~,
Underground propose .to ~tall undergromd telephone lines on ~ratoga Aveuue
Tel. l~nes - ~d w~11 pay the cost along their frontage but that it will cost the
S~Cox City $6~. co run the lines under Saratoga Avenue and Cox Avenue.
Avenues ~. Hanley fur~er reported that the Staff c~iders this proposal
be ~ asset to the City and reco~nds authorizat~on. Co~cilmn
Ch~e HarSh asked about the poss~bility of also ~tt~ the lines at
~der ~1 FE~ale undergro~d ~d ~. H~1ey ~nd~cated that he fel~ thaC
whereas ~e City would be Justified in ~pendhg f~ds to install
under~ro~ lhes under a C~ty street, he did n~ feel this Justi-
f~cacion wouZd extend to private property ~ would establish a
precedent.
It w".s moved by Councilman Bu~:ry.,, e~.coud~.d by eoune'l.lmar~ ~ke, and
unanimously earfled to authorize Change Order ~-I to the extent of
$650, to offset the cost of installing underground telephone lines
on Saratoga Avenue,
VIII CO}~fUNICATIONS
A. WRI'r£~N
Fourth St. (1) Mayor Glennon read a letter from Adrian McMahon regarding debris
Debris at Fo&=th Street and Big Basin and reported that the matter
has been referred to the Planning Director.
Black Mtn. (2) The Mayor read a letter from Mr. Vince Garrod expressing the
Soil Conscry. =egrets of the Black Mountain Soil Conservation District that
District the City decided not to participate in the financing of their
soil erosion project,
B. ORAL
Mayor Glennon acknowledged, with pleasure, the presence of Planning
Commissioner Dean Cowley and the representatives of the Good
Government Group,
IX ADJOURNMENT
It was moved by Couucilman Burry, seconded by Councilman Drake and
ununlmously carried to adjourn the meeting at 11:35 P. M.
Respectfully submitted,
WILLIAM C. HANLEY, CITY CLERK /