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HomeMy WebLinkAbout09-01-1965 City Council Minutes SARATOGA CITY COUNCIL S~R4MARY OF MINUTES TIME: Wednesday, September 1, 1965 - 7:30 P. M. PLACE: Saratoga City CounCil Chambers, 13777 Fruitvale Ave., Saratoga,Calif. TYPE: Regular Meeting I ORGANIZATION ~yor Glennon called the meeting to order at 7:30 P. M. A. ROLL CALL Present: Councilmen Glennon, Drake~ Hartmen, Tyler, Burry Absent~ none B. MINU~ES I~ ~AB moved by CoUn~iiman Tyler, Seconded by Councilman Burry and · Minutes Unanim6uSly carried to waive. the reading of the minutes Of the ~ AhgU~ 18, 1965 me~ti~g and approve them as written. II BIDS AND CONTRACTS A. LEO F. FIAZn PAVi d CO A W FAr. Hanley reported that the Leo F. Piazza Paving Company has Saratoga notified the City of several problem which have delayed construction AvenUe of the Saratoga A~enue project, primarily sanitary sewer lateral Project construction and pole line relocation. The letter, Mr. Hamlay Delays continued, is advisory in nature and does not stipulate a specific extension of contract time. At this time the Council is simply being apprised of the general nature of the problems and Mr. Hanley stated that the construction company has'been advised that if an extension is required it will be submitted to the Council with the reconnendations of the Project Engineer and Resident Inspector. B. ClIESTER AVENUE SANITARY SEWER MAIN Transfer It was moved by COuncilman Hartmen, seconded by Councilman Tyler and of title - unanimously carried to authorize the Mayor to execute a transfer Chester Ave. of title fo the Chester Avenue Sanitary sewer main and apl~rtenances sewer!main to County Sanitation District No. 4 in accordance with the City's i prior action with respect to the installation of sanitary sewer facilities in the Chester Avenue improvement project. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. SDR-286 SDR-286 ~. Hanley indicated that a portion of the property owned by the Sara-~ox Presbyterian Church on Saratoga Avenue has been purchased by Mr. AssesSment -Bryce Baker and that this resolution reflects the necessary changes Splitr~ in the assessment roll to indicate that the total assessme?t of' Parcel 13 is now divided between the two owners ef the property. It was moved by Councilman Drake, seconded by Councilmen Hartmen, and carried unanimously to adopt Resolution No. 286, approving amended assessment and diagram - Saratoga and Cox Avenues Improve- ; ment Project. B. SDR-287 SDR-2~7 Sara-Cox In accordance with the above reported change of ownership of Storm Drain Parcel 13 on Saratoga Avenues it was moved by Councilmen Burry, Assessment seconded by Councilman Tyler and unanimously carried to adopt Split Resolution No. 287, approving amended assessment and diagram - Saratoga and~CoxAvenues-'StormDrain and Sanitary Sewerage PrOJect. -1- ~ IV SUBDIVISIONS A ILDING SITES A. SDR~346 - DR. MAX ROBBINS ~. Hanley reported that all conditions of tentative building site SDR-346 approval for this parcel in the conditionally zoned P-A district Dr. Robbins on Saratoga Avenue are being met by the Saratoga and Cox Avenues assessment districts. Mr, Walker indicated that a preliminary map has been submitted showing the. proposed development an~ that the use Wili be subject to design review. Counaiiman ~artman moved, seconded by. Cduncii~an Drake 'to, adopt Resolution No. SDR-346-1, approving One:lOt 'on' SaratOga Avenue" aa ~ building site in a~ordance ~it~ the applicatio~ 6f Dr. Max R~b~i~s, MotiOn ea~rie~ UnanimoUsly. B. SDR-589 - WILLIAM R. MCKENZIE SDR-589 Mr. Hanley reported that all fees have been paid~ bonds posted and McKenzie conditions met and it was moved by Councilman Drake, seconded by Councilman Hartman and unanimously carried to adopt Resolution No. 589-1 approving one lot on Belle Court as a building site. V PUBLIC HEARINGS Continued until 8:00 P. M., the scheduled time for public hearings. VI NEW BUSINESS A. C-89 - HAMILTON DEVELOPMENT CORPORATION C-89 Mr. Hanley presented an application from Hamilton Development Hamilton Corporation to fezone from "R-1-40,O00" to "R-1-20,O00 PC" approxi- Development mately 40 acres located on the east side of Fruitvale ~venue, Corp6ration north of Valley Vista Drive and. reported that the Planning Commission recommends denial of the application. Mayor Glennon outlined the Council policy regarding rezoning appli- cations and explained that public hearings are not automatically scheduled in matters where the Planning Commission recon~aends denial but are scheduled only if the Council~ after review of the Planning Commission action, feels that further ~hearing is in order. There being no one present who wished to speaks either for or against the proposed rezoning, it was moved by Councilman Drake~ seconded by Councilman Burry and unanimously carried to accept the recommendation of the Planning Con~nission and deny the application for rezoning. V PUBLIC'HEARINGS - 8:00 P. M. A. QUITO LIGHTING DISTRICT Quitq Mr. Hartlay briefly explained thgt p~ior to the lnco~poratfon'of..the Lighting City various lighting districts were created by the Board of Super- District visors in unincorporated areas and subsequent incorporation included a portion of the Quito Lighting District within the City of : Saratoga boundaries. The County has now indicated that it intends to exclude from its jurisdiction those areas lying within incorpora- ted boundaries and that in order to continue lighting service to the Quito area it will be necessary for the City to create a special lighting district to replace the existing one as soon as it is dissolved. Mr. Hanley noted that no new installation is proposed for the area and the creation of the new district would enable the City to assume supervision of the existing one. Mayor Glennon opened the public hearing at 8:05 P. M. and directed the fi!e introduced.as evidence. No one present responded to the Mayor!s invitation to speak regarding this matter and it was moved by Councilman Hartman, seconded by Conncilman Burry and unanimously carried to close the public hearing. As suggested by the City Attorney the Council indicated its intention to proceed with the creation of the Quito Lighting District and the matter will be routinely carried on the agenda until the Clerk reports that the status of the dissolution of the existing distr~ct requires passage of the necessary resolutions creating the new district. B. CHALET CLOTILDE DR~VE Councilman Hartman reported that the Planning Co~ittee~ as directed at the last meeting~ reviewed the proposed abandonment of a portion of Chalet Clotilde Drive. The request was made by Mr, Neville because his abutting property is just under 120~000 square feet Chalet. and the area involved in the abandonment added to his existing Clot~lde land~ would bring it ove~ 120,000 square feet and enable him to Driv~ - develope 3 instead of 2 building sites, Chale~ Clotilde Drive, Abandonment Nr. Hartman coutinued~ is a short cul-de-sac already improved to of portion 18' minimum access standards. but consisting a 60~ right of Way t~a~ ~as required by the.C0u~t~hen it was originally improved. C~ty standards for this kind of 8~reet require only a 40~ right of ~ay an~ ~efe is no poss~ble~.~eed for the additional 20 feet. Be- cauSd ~e ~t~ ~tandard ~f ~0~ wodld still be maintained, because uo portion of th~ im~me~ts is located in t~e strip proposed to be abandoned~ the City has no f~reSeeable need :for the additional ~idth and as l~r. Neville ~ms the frontage ~¢~ss the street and no adjacent property o~ner is affected by the proposal~ t~e Planning Committee recommends abandonment of the 20 foot strip of Chalet Clotilde Drive. ~yor Glennon opened the public ~earing at 8:14 P. ~. and there being no one present ~ho wished to speak regarding this matter CoUncilman 'Drake moved~ seconded by Councilman Hartman to close the public hearing, Motion carried 8:16 P. ~. It was moved by Councilman Hartman~ seconded by Councilman Tyler and unauimouely carried to adopt Resolution No. 288~ abandoning a portion o£ Chalet Clotilde Drive. C. UP-87 - UNIVERSITY PRE-SCHOOL UP-87 Nr. Hauley reported that the Planning Cou~ission~ at its meeting Unive~sity on August 9~ 1965~ adopted the recomendatton of the Sub-Committee Pre~SChool that the University Pre-School of Saratoga be granted a Use Use P~rmit Penni~ for property on Big Basin ~ay at 6th street. githin '10 Appea~ days of the Planning Commissiona ction an appeal ~as filed by Harlot who requested a de novo hearing aud reversal of the Planning Connnission decision. The Nayor explained the procedure on appeal from a Planning Conniss~on decision and the City Attorney reported that the Council policy in the past has been to deuy a public hearing de novo unless evidence is~ presented ~hich indica~es lack of full and ~air hearing before the Planning Commission or new evidence is presented that was not available to t~e Planning Commission, ~ayor Glennon opened the Public hearing at 8:23 ~'. M. and ordered the Plauuiug' CommiSsion record introduced as evidenee. The Clerk read the Planning ~ommission report~ dated August 9, 1965 regarding the matter and the ~ayor invited connnents from those present who wished to speak against the decision of the Planning Cor~n~Ssion. l~r. Harlot, Pamela gay~ spoke on behalf of his appeal and !~equested a de novo hearing to be set for a subsequent meeting. Mr. Hanley read the letter of appeal, dated August 18, 1965 and Mr. Harlot indicated the letter adequately sets forth the appellants ~round for appeal. Helen Blair~ 6th Street and Pamela gay; ~ry Nose, Pamela ~ay; Ann Eitven, 6th Street; Emelia Deasy~ Pamela ~ay; X4r, Schelbach; 6th and Oak Streetl; Sam Hernandez, Big Basin gay; and PIt. Alexander, Pamela ~ay~ spoke in opposition to the use permit.- Reasons for opposition were~ primarily, anticipated noise ~rom the playground~ traffic congestion and property depreciation, Speaking in favor of the use permit were gilliam R, Christie, 1500 Los Padres Boulevard~ Santa Clara, attorney representing the . applicant l~rs. Stinnett; Madelaine Clark, ~ho lives adjacent to the nursery school on Thelma Avenue; Mrs. Stinnett; Joe Assenza~ Braemar Drive; Hal Conrad~ Kilbride Drive; John Campbell~ Saratoga Vista Avenue; I~rs. Richtel, Norton Road; Peter Pasetta, Saratoga- Los Gatos Road; Margaret Mcntgomery, Pierce Road; Rev, John Stokes, Calle Tacuba; Patrici~ geber~ Cherry Laue; and 14rs, Bro~m~ Debby The City, Attorney explained the legal status of use permits and stated that in order to deny a use permit it would be necessary for the Council to deten~ine that reasonable conditions would not .regulate the proposed Use, Mr. Johnston clarified the definition of permitted uses i~ the' zone in question as contrasted with conditional uses and in~icated tha~ the Planning COremission, in granting a conditional use permit retains continuing jurisdiction of uses and can ~e any time change or modify condition~ Planhing Commissioner' McFall reported that the appl{cation for a use permit had had careful consideration at several meetings and that each item of opposition had been thoroughly heard and studied before the Planning Commission arrived at its decision to grant the use permit, Hayor Glennon directed the Planning Co~ission file, UPs87, and all communications introduced into the record. No one else wished to speak further regarding this matter and it was moved by Council- UP-87 man Burry, seconded by Councilman Drake and unanimously carried to A~peal close the public hearing at 10:02 P. M. Councilmen Drake stated that he felt further delay would be unjust and that the opposition has had sufficient opportunity to state its case and he therefore moved to deny a hearing de nero. Motion was seconded by Councilman Tyler and carried unanimously. Co~ncilman Tyler stated that he felt that the conditions impesed by the Planning Commission would adequately control the use in this area, that the proposed nursery school use would be far better than most of the uses which could legally be made of the property~ without a use permit and that he felt that this use would in no way devaluate the adjacent property. Councilman Burry indicated that he was unable to detect any error on the part of the Planning Con~nission in its tntrepretation of the use permit section of the zoning ordinance as it pertains to this matter. Councilmen Hartman stated that he felt the opposition has had adequate hearing and representation and that there appear to be no grounds for reversing the Planning Commission decision to grant the use permit. Councilman Drake and Mayor Glennon agreed with the view points expressed by their colleagues and it was moved by Councilman Burrys seconded by Councilmen Tyler and unanimously carried to uphold the decision of the Planning Commission to grant a use permit to }~s. Stinnett for the University Pre-School of Saratoga. Recess: lO:lO P. M. Reconvened: 10:35 P. M. VII' OLD BUSINESS A. PROGRESS REPORTRE PARKING FOE TENNIS CLUB ON KOMINAAVENUE Sa[atoga Fir. Walker read a letter from Mr. G~ynnes Secretary of the Saratoga Tennis Tennis Clubs indicating that the club has received permission from Clhb the Saratoga School District to use adjacent school property for parking durlns off-school hours. Roy 6ameron, Komina Avenue, expressed reservations regarding the members use of the parking area which he feels is too far away from the courts to encourage its use and asked if the increased use of the area for instruction would not constitute a change of use and would necessitate obtaining a use permit which could then be eonditioned to provide adequate off-street parking. Sue Rankin, Komina Avenue~ Charlotte Thompson and Mrs. Cameron reported that parking in front of residences has continued since the date of the letter which was directed to the Council and the Mayor suggested that a bit more time be given the club members to comply as they may not all have been advised of the communication as yet. Mayor Glennon also suggested that residents continue their surveillance of the situation and assured the residents that the Council will continue to do all it can to correct the problem. He noted that if parking were to be prdhibited entirely in the area it would necessarily apply to the residents also and that efforts will proceed toward obtaining compliance with the Council's request for off=street parking. Councilman Hartman indicated that not only has the club been in existence for many years but that lessons were also a part of the club's activities in the past. The City Attorney advised that ~lthough the City can request the Club to apply for a use permit he felt that the only basis upon: which the Council could require it would be an expansion of the pre-aX~sting use. VII ADMINISTRATIVE MATTERS A. M~YOR Excess ~) Mr~ Haslay reported that Fir. Ungaro has been. away 9n vacation SChool and he has as yet had no reply to his reques( rega~ding the Property school's plans for the property adjacent to the CiVic Center. (2) Mayor Glennon reported that he has received a number of com- Scavenger plaints about the early hour of operation of the Scavenger Co. hours Company and that although he had explained that the Company of 9persilos likes to clear the streets before an hour when traffic and children are prevalent, he had checked with the City Adminis- trator who is doing what he can to solve the problem. B. FINANSE It was moved by Councilman Drake, seconded by Councilman Burry and Bills unanimously carried to approve the claims on the list dated September 1, 1965 for a total amount of $31,509.87 and authorize that warrants be drawn in payment. C. COUNCIL COMMITTESS Councilman Drake reported that the Management Committee has had Adu%t under consideration for several m6~ths the request for an adult CroSsing crossing guard at Quito Road and Ravenwood Drive for Saratoga Guard - children attending Marshall Lane School from the east side of Quito Qui~o & Road. A decision was postponed pending determination by the district Rav~m-~ood as to whether these children could be carried by bus and it has now been determined that this cannot be done. Councilman Drake ! noted that analysis shows no precedent for th~ case and that Don Tmnm of the Sheriff:s Departs~nt does not feel that there are any other areas within the city which would need the same service. The Committee, Councilman Drake continued, recommends that the City provide an adult crossing guard at this intersection for a maximum of 2 1/2 hours per school day for the following reasons: (1) this crossing is located approximately one-half mile from the school and it is impossible for the school to provide adequate supervision cf a safety patrol at this distance and (2) a safety patrol this far from the school causes the members of the patrol to lose appreciable class time. The total estimated annual cost of $720 was included in the Safety Services budget against the possibility that this recommendation would be necessary. ~ouncil- man Drake emphasized that this recommendation implies no departure from the City position in favor of School Safety Patrols where the foregoing conditions are not present and was adopted by the Committee only after the Sheriff's Department representative reported that these circumstances did not exist at any other K-6 school in the City. It was moved by Councilman Burry, seconded by Councilman Drake and unanimously carried to adopt the report of the Management Committee and authorize the City to pay for an adult crossing g~ard at the location indicated at a total annual cost not to exceed $720.00. D. DEPARTMENT HEADS AND OFFICERS Miller & The Planning Director reported that the City of San Jose Planning Prospect Commission turned down the'application to fezone the Pon property Rezoning at Prospect Road and Miller Avenues by a vote of ~ to 1. E. CITYADMINISTRATOR Council (1) Mr. Hanley reported that Mr. Bennett, Musical Director for the Chambers Saratoga Schools, has requested use of the Council Chambers use by between the hours of 12:50 to 1:35 each school day for school School orchestra practice. Only the stage would be used and the school would provide custodlal care of the stage area after use. Councilman Drake stated that he did net feel that use by a school on a permanent basis would be consistent with Counoil policy regarding use of the Council Chambers and that the request should be further investigated. Other Council members indicated that they agreed with Councilman Drake's observation that the request should be formally made on behalf of the Board of ~ustees and Councilman Tyler stated th~ he would f.avor such use of the facilities as being of benefit to t he Con~nunlty; Mr. Hartlay indicated that the request Was informally presented until such time that Mr. Ungaro ha~ ~eturned from vacatio{~ ~d ~ formal ~quest w~ll be ~resented ~o th~ C~un~l but tha~ the cdufia~i fl6e~ nd~ ~gain ~ brier to the beginning b~ ~h~ SchoOl ~n, O~ this basis the ~od~cil agreed. to authorize the use of the Council Chamber facilities until arra~ge~ ments can be made on a more formal basis. council (2) Mr, Hartlay indicated that arrangements are being made with Chambers the responsible party to have the rug cleaned in the Council rug Chambers where it was stained during recent community use. P.U.C. (3) Mr. Hartlay reported that the Public Utilities Commission has Hea~ing re sent out notices of a general hearing regarding underground Underground utility installation and that the first hearing is scheduled for Uti .ities September 29 and 30 in San Francisco, He noted that the P. U. C. is apparautly getting into the subject with the idea of encouraging underground facilities and suggested that a member of the Staff and any Council members who may be able to do so attend the hearings. IX CO~vNICATIONS A. ~'~RITTEN (1) MASON SHAW - VILLAGE PAPJ<ING DISTRICT Mr. Hanley presented two letters fromMr. Mason Shaw, one of Masqn Shaw - them adding names to the list of protestants to a village Village parking district and the other one requesting the Council to stop Par~ing any action on the part of the petitioners for the formation of the District proposed district. MAyor Glennon stated that the Council position has not changed from the other occasions when Mr. Shaw was advised that the Council has no authority to prevent anyone from circulating petitions for improvement districts or other masons. It was again pointed out that no petition for the formation of such a district has ever been presented to the City Council so that there was no matter before the Council for its formal consideration. (2) SAN JOSE WATER WORKS - FLUORIDATION Mayor Glennon noted that a communicatiou from the San Jose San Jose Water Works is informational and relays to the Council the Water Works - Company's answer to a complaint before the P.U.C. from the City Fluoridation of San Jose that the Water Works is not complying with the City of San Jose request for fluoridation of the water supply. The Mayor reported briefly that the communicati on states that the Water Company does not feel that it can comply with the request due to the impossibility of their fluortdating OD~y a portion of the area served by their company. The Water Company further indicates its intent to request a rate increase if it is ordered by Public Utilities Comm{ssion to comply with the City of San Jose's request. Mr. Robert Ryder, Lomita Avenue; John Cox; Nr. W. K. Brovm, Debby Lane; Loren Nay; Mrs. Georgia Ryder; Mrs. Sickle, 20306 La Paloma; Mrs. Wilkinson, 21834 Via Regina; and ~r. Peter Pasetta stated thief strong objections to fluoridation of Saratoga water and advocated i~ediate council action to c~rc~vent any attempts toward possibXe' fluor~dae~on v~thout the consent of the ~jor~ty of Saratoga*s voters. ~e C~ty Attorney ind~cated that he did not feel that the ~tter, at th~s t~me, ~s of concern to the C~ty of Saratoga and the ~yor stated that although he opposed a fulX sca~e investiga~on of a ~eter that ~s presently a contr~ersy beaten ~o other Jurts- d~ctions, he ~ouXd approve trying to obtain some kind o~ answer for the people regarding this t~e o~ thing. I~ was moved by Council~n Hart~n, seconded by Co~ncilman Burry "~f~~jT~z9 Co in an effort to detem~ne whether or not the Co~ission has t~ power to force the S~ Jose dater gorks to fluoridate the water supplied to the residents of ~he City of Saratoga, ~ithout the ~jority vote or con&ent of the Citizens of the City. Hotion carried, with Council~n kake voti~ no. B. o~L hnd~c~i~ UnimDroved Mr. Peter Pasetta suggested that so~ study be Eiven ~o the Rightof ~ay possibility of the City landscaping and ~intaining unimproved portions of =ight of way within the City. ~yor Glennon ackn~ledged, with pleasures the pTesence of Planni~ Comissioner ~Fall and the members of the ~od Goremeant Group represented. X ADJOU~.~NT It was moved by Councilman Burry, seconded by Councilman Tyler and unanimously carried to adjourn the meeting at 12:10 P. M. Respectfully submitted, 'WILLIAM C. HANLEY, CITY CLERK