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HomeMy WebLinkAbout08-18-1965 City Council Minutes SARATOGA CITY COUNCIL SUI{Y OF MINUTES TIME: Wednesday, August 18, 1965 - 7:30 P. H. P~ACE: Sa~atoSa City Council Chambers, 13777 Fruitvale Avenue, S~atoga T~PE: Regular Meeting ORGANIZATION Mayor Glennon called the meetin~ to order at 7.~35 P. M. A. ROLL CALL Present: CounCiim~n Glennon, Hartman, Tyler, Bu~rY AbSent: Conncilman Drake B, MIN~ES · MInutes It was moved by Councilman Burry, seCond~ ~y Counci]m~ T~ier' ond unanimously carried to waive the readin~ and approve the ~ifiUtes the August 4, 1965 meeting, as mailed. BIDS AND CONTRACTS A. AMENDMENT TO CONTRACT BETWEEN CITY OF SARATOGA AND COUNTY OF SANTA Amendment CLARA FOR LAW ENFORCEMENT AND TRAPFIC SERVICE to Law Enforcement Mr. Hanley explained that a clause from the original contract had been Contract carried over to the new one which was recently executed and that it dis- torts the meanin~ of the current contract so the County Counsel's office has prepared an e-~ndment to eliminate the clause and provide that the County will furnish the a~reed upon 124 hours per week service. It was moved by Cooncilm~- Tyler, seconded by Councilman Hartman and unani- mously carried to autlD rize the Mayor to execute the amendment as presented. B. AG?aEMENT bet-~een City and P. G. & E. re high tension line easement Agreement. Mr. Hnnley explained that this proposed agreement is a tri-party re P.G.& E. agreement for the use of electric transmission right of way for public High street purposes within Tract 3974, Prospect Hills. It was w~ved by tension Councilman Hartmen, seconded by Councilman Tyler, and unanimously easement - carried to authorize the Mayor to execute the agreement pertaining Tr.3974 to that portion of street in Tract 3974 crossin~ the P. G. & ~. high tension line easement, AGREEMENTS REGARDING SARATOGA COX AVENUE RIGHT OF WAY The Clerk reported that agreements for Saratoga Avenue right of way Right-of-way have been executed by seven property owners ond that the settlement A~reements - figures are the same amounts as the appraisals. Mr. Hanley noted Saratoga- that two property o~ners have requested that the a,,~unts due them Cox Ave. be credited to their. assessments and that the Staff recou~uends that these credits and warrants for the other five parcels be authorized. l It was moved by Couqn-tlm~- Hartman, seconded by.'Conncilman Burry and unanimously carried to authorize the Mayor to e~ecute agreemer=s for acquisition o.f the following: (1) Presbytery of San Jose, Parcel H-13, $6500.00 (2) Presbytery of San Jose, Parcel J-lO, $2100.00 (3) Paul Masson, Inc.~ Parcel =E-16, $3360.00 (4) Rinaldo MaEnelli, et at, Parcel N-2, $950°00 (5) Richard W~: Scott, Parcel' R, $340.00 .. (6) George Shimada, Parcel M-l, $850~0 (to'.be credited to assessment) (7) F. J. Passantino, Parcel C-18, $1~175.00 (to be credited to assessment) Ill PETITIONS, ORDINANCES: AND FORHAL EESOLUTIONS A. ORDXmaC,. NS.3. ZC.!i8 Ord,NS-3-ZC-28 C-85 It was moved by C0u~ilman Burry, seconded by Councilman Tyler and unanimously carried' t0 adopt Ordinance No. NS-3-ZC-28. resoning from "A" to "R-I-iO,O00" approx!t.~tely 17.87 acres located South of Prospect Avenue, approximately 800s west of Highway 9~ (C-85, Loma Serena Developrecur Co~any).. B. ORDINANCE 19-H i9-H .Mr. Hanley explained ~hat this orainandel is a procedure ordinance Revenue to meet the requirements'of the State Code and furnish the County Needed Offices with informat~on got assessing and collecting taxes for the for 65-66 City. The ordinance would fix the n-~unt of general property tax r~venues required for the 1965-66 fiscal year at $52,000 and the amohnt9 sufficient to pay the estimated costs f~r SCL District i and Azule Lighting DiStrict at $3~325 and $1,710, respectively. u , as tooyea Couecnm - 'sealnasa by c , iima and unanimously aarried to adopt Ordinana~ N~ D-Hi ' ! c. SO ,U iON Re~. 32-H TaX rates The Clerk p~asen~ed. i~esolUt~on No. ~2-H, fixing the general property for 1965-66 tax ~at~. fo~ the City of Saratoga for the fiscal year 1965-66 at i0¢ i~er $100. assessed valuation~ the special assessment tax rate for SCL District I at 25¢ per $100. assessed valuation On land only; and the special assessment tax rate for Asule Lighting District at 60¢ per $100. assessed valuation on l~nd only. Mr. !Banlay noted that these rates are the s~ as those which have applied for the last couple of years. Tt was moved by Councilman Harrm~, seconded by Councilm~ Tyler and unanimously carried toadopt Resolution No. 32-H as 'pre~ented. D. ORDINANCE NS~3~IO Ord. Ordinance HS-3.10 regulating the storage of motor vehicles, trailers, NS-3.10 airplanes, boats, parts, btLtlding materials, trash~ garbage' and refuse Regulating in resideutial districts, was read at the last meeting and Mr. Hanley storage in reported that at that t~me, during the public hearing~ there ~as ex- required tensire public discussion of the proposed ordinance. Hayor Glermon front noted~ for information, that a letter had been received from the Sara- yards toga School District supporting the ordinance. The Mayor then invited any who wished to comment regardin~ the ordinance and there being no one present who wished to speak on this matter, it was moved by Council~ man Hart-m-, seconded by Counctl~n Burry, and unanimously carried to adopt Ordinance NS-3.10. Councilman Hartmen observed that this ordi- nance differs from those which he has seen for other cities and tha~' he feels the City will benefit consi.derably by this ordinance. E. THELMA AVENUE AREA ASSESSMENT DISTRICT - 8:00 P. M. (1) Declaration of bids on sale of bonds Thelma ..- Avenue Hayor Glennon announced that this is the time for openir~ of Assessment bids on sale of bonds for Thelma Avenue Area Improvement District District and asked if there were any other bids t~o be submitted at this time~ Bonds There being none, Mr. Hanley introduced. Mr. Hargr0ve of I4ilSon, Jones. Morton and Lynch, bonding attor~.eys, and opened bids from the firms: Davis, SkagSs & Co., San FranciscO; Stone and Youngberg, San Francisco; Euphrat SecUrities, San Francisco; Tanaen, ginslow~ Inc., Beverly Bills; gald Enterprises, Los Angeles; S. 'C. Pchlmen Company, San Frn-¢isco; and First California company of san Francisco. The Hayor annouhced that bids would be considered after tabulation by Mr. Hardrove sO this item was continued until later on the agenda. F. RESOLUTION NO. 286 Res. 286 Mr. Hanley read Resolution No. 286 relative to extension of mutual Mutual Aid aid under Master Mutual Aid Agreement in cases of local peril or Extension emergency° He explained that virtually all of the cities in the County have adopted this resolution and that it is recorem~nded for passage by the Iu'~{~r-City Council. The resolution, Mr. Hanley explained, would provide the legal basis for extendin~ mutual aid services by Fublic Works departments, as well as fire and police departments, without incurrin~ li~bility on the part of the agency providin~ the mutual aid. It was moved by Coancil~an Burry, seconded by COuncilman Tyler and unanimously carried to adopt ResolUtion No. 286. G. RESOLUTION NO. 234-1 Res. 234-1 Amending The Clerk stated that chaages have' been made in trades agreements for Prevailing compensation of laborers and gunits workers and that this resolution Wage Scale would amend the City's prevailing wage scale for publinG works projects accordingly. Mr.-Hanley noted that the City is required, by State laws to bring its costs up to standard. .It was moved by Councilman Tyler, seconded by Councilman Fart-~n, and carried, with Councilman Burry voting nos to adopt Resolution No. 234-1, as presented. xv suBDZWSiOz S Ah'D .Si S A. SDR-576 - WALTER HILEM/~N SDR-576 ' W. Hile-~ Mr. Hanley re~t~d ~h~ aii ~ees have been paid, bonds 'posted and conditions met, with the exception. of recordation of the survey map, for one building site on Madtone Hill Road. It was moved by Council-~n Tyler, seconded by Couacilmnn Burry and carTied to adopt Resolution No. SDR-576-1, approving Mr. Hilev~qnm s lot on Madtone Hill Road as a building site, subject to receipt of the recorded survey map. B. TRACT 3476 - R. L. MATHIS Tr.3476 The Clerk reported that the Director of Public Works left a reco-.~nda- Mathis tion that the monument bond be released fo~ Tract 3476 and the bond M~nument - was released by unanimous vote on a marion made by Councilman Harman, Bond and seconded by Councilman Burry. C. TRACT 3596 - BLOSSOM VIEW OF SARATOGA Tr.3596 monument It was moved by Councilmen Burrys seconded by Counci]m~n Hartmen and Bond unanimously carried to release the monument bond posted for Tract 3596, as recommended by the Director of Public Works. D. SDR-575 - BRYCE W. BAKER SDR-575 Baker Mr. Hanley reported that all bonds have been posted, fees paid and conditions met for SDR-575, except recordation of the survey map and it was moved by Councilman Hart~nnn, seconded by Councilmen Tyler and unanimously carried to adopt Resolution No. SDR-5~5-1, granting building site approval to Bryce W. Baker for one lot on Cox Avenue, subject to receipt of the recorded survey map. E. SD-5~ - GEORGE DAY - TRACT 3997 SD-5~ The Clerk stated that all conditions have been met for this first unit Tr.399~ of 20 lots, being Tract 3997 of the tentativ~ map for SD-54~. Mr. Ceo. Day Hanley noted that this first unit does not include the frontage on Allendale Avenue but the City has prepared a supplemental agreement to be executed at this time and accompanied by a bond to guarantee the improvement of Allendale Avenue within one year from the date of final approval of the first unit of development of the entire subdivision. Councilform Hartmnn asked I£ the City ts satisfied that Flood Control requirements have been met and the Planning Director assured him that natural creek channels will be retained and thats as a matter of interests the Flood Control District !ms beens of lares very cooperative in trying to abide by the City~s desires regarding creek alignment and vegetation. It was moved by Councilm~n Tyler, seconded by Councilman Hartmen and unanimously carried to adopt Resolutlon No. SD-522-1, approving the final map for Tract 3996s the first unit of SD-522s subject to execu- tion of the supplemental agreement and bond above mentioned. F. SDR-513 - 0IAF SUNDAHL SDR-'513 Mr. Hanley announced that all conditions for building site approval Sundahl for one lot in the C-C zone on Prospect Avenue have been met and he reported that a small shopping centers for which tentative architectu- ral approval has already been granteds is proposed for the area. It was moved by Councilman Tyler, seconded by Counci]m~n Hartman and unanimously carried to adopt Resolution No. SDR-513-1, granting approval to Olaf Sundab1 for one lot on Prospect Avenve. G. SDR-588-1 DALE WICKHAM SDR-588 It was urnwed by Councilmen Hartman, seconded by Councilman Tyler and D.Wi~kham unanimously carried t~ adopt Resolution No. SDR-588-is granting final building site approval to Dale Wickham for one lot on Via Regina. H. SDR-451 - WADE HOVER SDR~451 Upon the recou=nendatiOn from the Director of ~blic. Works that WeHover ' construction ha~ been satisfactorily completed of improvements Construction required as a ~bnditi0n of approval of SDR-45i, it W~s moved by Acceptance Coun~ilmen Tyle~s seconded by Councilmen Hartmen and unanimously Carried td acc~t the improv.ement~, for co. nst~uction only, with the one yea~ maii{t~nance imriod ~o begin as of this date~ I. SDR-409 - MARWIEG CONSTRUCTION SDR-409 MarwisE It was moved by Councilman Hartman, seconded by Counci~-~n Tyler, Bond and unanimously carried to release the improvement bond posted in Release connection with SDR-409, upon the report from the Director of Public Works that the work has been satisfactorily completed. V PUBLIC HEARINGS None VI OLD BUSINESS A. SARATOGA TENNIS CLUB Saratoga Tennis Mr. Hanley reported that the Planning Director has tried to contact Club officers of the Saratoga Tennis Club regarding a progress report of their negotiations with the school for access to parking area in the rear of the tennis courts and has learned that Mr. Carth, the President, is on an extended trip, and that Mr. Ungarro of the School District, is away on vacation. Mr. Walker reported that he will continue to try to contact Mr. Schooley, Vice President of the Club, and will advise him of the Conncil's ~rlshes for an ],m~diate progress report. III.-E, THELMA AVENUE AREA ASSESSMENT DISTRICT - continued from earlier on ngenda. Thelma Avenue (1) DECLAI~TION OF BIDS ON SALE OF BONDS Bonds F~, Hanley reported that Mr. Hatgrove has tabulated the bids on the sale of bonds and that of the seven bids received the Staff recommends acceptance of the law bid of Tarmen, Winslow, Inc. s of Beverly Hills for $20s300. in bonds at an average net interest cost of 3.902182%. Ras.284 (2) RESOLUTZON NO. 284 Dete~minin~ It was moved by Co~cil~ Har~n~ seconded by Coun~il~ ~ler Unpaid ~se~s~nts and u~usly carried to adop~ Resolution No. 2~, dete~ni~ ~pa~d asses~nts ~d pr~id~ for ~ssuance of bonds for ~elm Aven~ Area ~sessment ~s.~285 (3) ~SOLU~0N NO. 285 Awar~i~ l~ w~ ~ved by Co~cil~ler~ seconded by Council~n Bu~y, ~nd~ - ~ani~us~y ~ied ~o adop~ ~solu~ion ~o, 285, ~di~ sale of Ave,~ Recess: 9:00 P. ~. Reconvened: 9:~ P. M. A. ~YOR Co~il (~) In reply ~o queries by ~he ~yor, ~. Hanley reported ~ha~ ~he Chars mnufac~urer is inves~l~a~i~ ~sys of ~r~i~ ~he ash ~raye ~ on ~he Council Cheers Chairs ~d ~ha~ ~be sir c~di~ioni~ Chai~s - Air acrid, s~em ~as ~o~d~ upon checki~, ~o be ealib~a~ed incorree~ly a~ ~ha~ i~ is e~ec~ed ~o work e~ficien~ly hereafter. ~ (2) ~yor Glennon suggested ~ha~ ~he City Ad~s~ra~or s~udy the ~s~r ~- possibility o~ ~evelop~ a~s~er pl~ for a lo~ r~e unde~und of ins~alli~ all u~ill~ies.~der~rou~, ~ no~ed ~ha~ while such a'proSr~ould ~e ~ive he fel~ .~ha~ ~he ~ssibili~ies u~ili~iee should be explo~ed, p~seibly by ~he E~hod 0~ periodically ~ re~e~ing ~he ~er a~ ~he ~im o~ s~ree~ encroach~n~s, e~c, Co~cilmn H~r~n ~eed and ~ded ~bs~ he. fel~ ~he City should ; obtain eS~{m~es ~fr~ o~her ele~rical sources ~han P. C0~cil ConCurred ~i~h bo~h ~hese su~ges~i0ns, ~e~i~ - (3) ~yor Gle~n re~o~ed ~hs~ the ~ara~a ~h sChoOl Sara~oSa he had spoken ~o recently b~ ~ressed h~b ~heir vievs Youth rega~i~ s youth cen~er in Saratoga ~d ~ba~, ~ a result, he Cen~r has ~i~en to ~bese s~dents ~o advise ~bem ~ba~ shortly a~er ~ all ~he high schools ~ha~ sere Saratoga e~uden~s are ~sin ~ session he will call a ~e~i~ ~o be a~tended by ~he s~ude~s~ a~er of ~he Plami~ C~i~tee o~ ~he Council, ~ ~/dber8, L~nie Bee~ ~arren Heid, S~ley ~al~r~ ~illi~Hanley~ o~fice secre~a~. A~ ~ha~ ~, the ~yor sta~ed, i~ is ho~d ~ba~ ~be sugges~ions ~ discussion ~ill indicate ~he bea~ ~mer in ~hich ~u~e for youth activi~ies should be speu~.' S~a~o~a (4) ~e ~yor, wi~h Council appr~al, directed ~he City Adenlabrador School District ~o inves~iga~e ~he s~a~us of a portion o~ ~he S~a~oga ~oper~y Dis~rie~ pro~r~y adJ~en~ ~o ~he Civic Cen~er~ p~icularly as Frul~vale ~o ~he possibili~y ~ha~ t~ my be considered excess proper~y by the School Die~ric~ ~d available ~or acquisi~ion by ~he City. B. FI~CE (1) Ir ~as ~ by Co~cilmn B~ seconded by Co~cilman ~lers Bills a~ unan~usly carried to appr~e the Au~st 18~ 1965 list of disburs~nts total!~ $48,579.11 ~d authori~ that warr~ts be dr~ in pa~ent. Fi~ce (2) ~e ~easurer~s report ~,a the City Cie~k*s Fln~cial ~eport for Re~rts the nth of July~ 1965 ~ere presented a~ accepted. C. CO~'~'~'~E ~PORTS (1) Co~ciln Hart~n reported tha= the plann~ C~ittee had revi~ed bids recei~d from Pied Pier and Davey ~ee Sur~e~ ~to ~ea for tri~ 193 elm in the ~ito ~ea ~d disposi~ of all ~e proSr~ brush ~d debris. D~ey ~ee Sur=e~ suetted a 1~ bid of Bide $~67 for this work. In view of the fact that the tree ninte- n~ce budSet for this fiscal year is $6000 the Stdf obtai~d a price fr~D~ey for spreadi~ the work~er ~o fiscal ~ars~ thus leavi~ a re~onable ~t for other trivia, sprayi~ ~d feedi~ projects ~ street trees. ~vey q~ted ~ additioul $300. to divide the work between this and next fiscal year, or $5167, to cover a scheduled wage increase. Since this .~ sum is still substantially under the $5790 quoted by Pied Piper and since this program will be more manageable from a financial standpoints the Planning Committee, Mr. Har~r~n continued, recommends that Davey Tree Surgery be authorized to perform the services set out in its bid proposal over a two fiscal- year period at a total cost of $5167. Mr. Glenn Miller of the City Attorneyts office indicated tha~ an agreement covering work to he done for two fiscal years wou!d be a legal procedure and it was moved by Councilman Hartman, seconded by CouncilmanBut17 and unanimously carried to authorize the execution of a contract with Davey Tree Surger~ as recommended, D. DEPARTMENT HEADS AND OFFICERS (1) It was moved by CoUncilman Hartman, seconded by Councilman Burry and carried unanlmously to accept the recomm~ndation ~[ the Tr.3572 Planning Director and authorize release of the Improvement Bond E!chier Homes - posted to guarantee construction of an ornamental fence along Orpn~ntal Cox Avenue in conjunctinnwith the development of Tract 3572, Bond!Release Eichler Homes. (2) Mr, Walker reported that application has again been made to Rezon~ing- the City of San Jose for rezoning the Pon property at Miller Pon ~roperty and Prospect Roads to include commercial, professi6nal and Ml!l~r & residential. Mr, Walker outlined previous applications Which have Prospect concerned this area and the reasons why local homobwuers and ~ Saratogass'Plannins Commission and Coanci.1 have opposed. t Ha : proposals. The Planning Cornm4ssion, the planning pirect0~ aon- t~nued~ ha~ authorized him to.~ppose the preseht p~op~sal and . the C6unC~ WaS requested t6 add its opposition, primarily on the ~ro~nds that the pigpoSed hse would v~01ate the Ge~ezat Plans ~f b6t~.Citie~ and r~sblt in S~Ot ~-0ning whidh would be detfimental.~o th~ a~a~etar of the area. It was moved by COUncilman Tyler, a~conded by Councilman Hartm~n and unanimously aa~rled to direct the Planning Director to represent the City in opposition to this application for zezoning. E. CITYADMINISTRATOR Mr. Hanley reported tlmt the State Legislature recently enacted Subd~viders legislation which would enable cities and counties to draw up dedicate ordinances to require a developer to either dedicate a portion of parkSland proposed developments for park purposes or pay fees into a special leglelation fund for the purpose of acquiring and developing parks. With no objections Mayor Glennon referred the subject to the Planning Com- mittee for review and rec~ndation. VIII COD~ilJNICATIONS A. WRITTEN Moreland (1) The Councils Staff, and Mr. Gene Goldberg of the Los Gatos- School Saratoga Recreation District, briefly discussed a request from District the Moreland School District for City participation inthe Recreation recreation district progr~m~ for Brookview and Quito Park Participation Schools, and the City Administrator was directed to investigate Request the request and report back to the Council as to exactly what the request would inyolve. (2) A letter from residents of DeHavilland Drive relative to the Abram's proposed rezoning of the Ahram's property on Saratoga Avenue Rezoning- south of Cox Avenue from Agricultural to Multiple Family- Saratoga Planned Community was referred to the Planning Cui~i.~.ission fi~ Avenue regarding this matter for consideration at the time it is brought to the Council. Cros~swalk- (3) A letter £rom Lorie Schwind, age ll,~requestin~ a cr~'s~alk ' HighWay 9 on Highway 9 at ~he ~onaut Shoppi~ Center~ w~ ~ied~ed and the City ~Jmi~strator was directed to ~e~ly co ~he effect that the City will contact the State Highway .~part~nt ~o pr~ide for pedestrian safety aC th~.S locatiSn, ' ~ayo~ ~len~n ac~owledEed, ~th pleasure, the prese~e of Chose in the audience~ includi~ the ~od ~ernmnnt ~oup ~epresentatives, IX ~O~RT It was ~ed by Councilnn B~ seconde~ by C~iln H~tm~n and. un~i~usly called to adJoun the meeti~ at 10:05 P, M, Respectfully submitreds wI~IZM C, HANLEY, C~T~ CL~