Loading...
HomeMy WebLinkAbout10-06-1965 City Council Minutes SARATOGA CITY COUNCIL S~4ARY OF MINUTES TIME: Wednesday, October 6, 1965 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, Caliform~; TYPE: Regular Meeting I ORGANIZATION Nayor Glennon called the meeting to order at 7:35 P.M, A, ROLL CALL Roll Call Present: CbUnciimen Glennons Hartmans Tyler, Burry Absent: Cbuncilman Drake B · ~IINUTE$ ' ' It ~as moved by Councilman Tyler, 'seconded by Councilman Hartman Minutes and Un~nimoUsly carried to waive the reading and approve the minutes of the September 15, 1965 meeting as written, BIDS AND CONTRACTS A,AGREt~IRNTS FOR' ACQUISITION OF RICRT$ OF I~Ay ON SARATOGA AVENUE - IflIRI'/IN, AMATO AND SEAGRAVES '. R/W autho~fZing the Nayor to execute Sg~.eements bet~eeh the City:~0f Kerwin & Saratoga and Miss Leohie T~ Kex~i~ in the ~ou~ of $5200-.land Amato Nr; Jbhn Amato in the amount of ~23i0 £o~ acqu{~i~ibn bf rigBts- df w~y .for Saratoga AVen~el motion carried unanimously and so ordered, The Clerk reported that signatures also had been obtained for the R/~I purchase of .451 acre and ,006 acre parcels on Saratoga Avenue from Seagraves ~4al ter N, Seagraves, Notion was made by Councilman Hartman, seconded by Councilman Tyler, authorizing the Nayor to execute an agreement between the City of Saratoga and Walter M. Seagraves for a total contract price of $71501 motion carried unavtm_ously, B, ACREENENT ~lTH COUNTY OF SANTA CLARA TO PURCHASE TAX DEEDED LAND ON BOBI24AN ROAN This matter was deferred, with no objection, to a later time in the meeting, for discussion with the Director of Public Works, III PETITIONS, ORDINANCES AND FORFAL RESOLUTIONS Ao RESOLUTION NO, 36-B~76 Res, The Clerk reported final inspection completed on Tract 2720, Saratoga 36-B-76 Forest, and all deficiencies corrected, The Director of Public Tr 2720 recommended the streets be accepted for maintenance, It was moved by Councilman Tyler, seconded by Councilman Burry, for adoption' of Resolution No. 36-B-76~ motion carried unanimously and so ordered. B, ORDINANCE NO. 38,7 - SECOND READING Ordinance No, 38,7, an.ordinance amending encroachment permit ordi- Ord, hence relative to relocation o~ utilities by public service districts, 38,7 introduced at the mee~.tng of September 15~ 1965, was presented for second readinn, Councilman Burry read the recommendation of the Public l.lelfare Comittee for adoption of Ordinance No. 38,7,' Motion was made by Councilman Hartmanl seconded by Councilman Tyler for adoption of Ordinance No, 38,7; motion carried unanimously and so ordered, C, RESOLUTION NO, 29~ - RESOLUTION APPROVING STATE GAS TAN BUDGET Re,, 296 ' The City Clerk reported approval of the State Gas Tax BudSet.would have to be deferred until the next meeting since final approval has no~ yet been received from the State, SARATOGA CITY COUNCIL MINUTES - OCTOBER 6, 1965 IV SUBDIVISIONS AND BUILDING SITES A. SDR-588 - DALE WICKILA24 SDR-588 Councilman Hartman read the report ~rom the Planning Committee dated Wickham October 4~ 1965, reconnending deletion of requirement for underground utilities as a conditionof building site approval for one lot on Vt~ Regina for Dale Wickhams SDR-588. He stressed the point that this decision should not be construed as a deviation from the policy of requiring underground utilities, but rather an isolated instance x~aen special circumstances Justify the waiving of this requirement. Planning Commissioner OsRorke was present for clarification of the policy in such matters~ to be used by the Plannin~ Commission as a guide in the future. Motion by Councilman Hatimam to eliminate Condition E, requirement for underground utilities, for SDR-588, seconded by Councilman Burry, motion carried unanimously. B. TRACT 3392, SARAHILLS UNIT ~1 - RELEASE OF MONUMENT BOND TRACT 3439, SARAHILLS UNIT #2 The Clerk reported the recommendation of the Director of Public Works. TR 3392 for release of monument bonds for Tracts 3392 and 3439, Sarahills TR 3439 Units #1 and ~2s as the monuments have been checked and found to be acceptable. Motion for release of monument bonds, Tracts 3392 and 3439s by Councilman Hartsnan; second by Countlima. Tyler; motion carried unanimously. D. SDR-415 - DONALD P. SEVRENS - RELEASE OF IMPROVEMENT BOND Mr~ Hanl~y.said the Director of Public Works has checked the improve- SDR-415 monte on :SDR-415s Donald,P~ Sevrens:, found-them to be acceptable and Sevrens recommends release Of the improvement bond. Motion by Councilman Tyler; seconded by Councilumn HatOmenI Spp~Oving release of the im-- provement bond fo~ SDR~4i5s v6nala P~ Sevre~s~ m0tibn carried unani~ mobsly. E. SD-4062 - TRACT 406~ ~ SAM CIRIGL~u'{O SD-4062 The City Clerk presented a petition from seventeen (17) residents Cirigliano of Leonard Road protesting the requirement of curbs and gutters for SD-4062s Tract 4062, dated September 28~ 1965s submitted subsequent to the September 20, 1965 date of final map approval by the Council. This matter was deferred to a later time for discussion with the Director of Public ~orks. F. SD-542 - HARVEY GREEN - CONDEMNATION PROCEEDINGS FOR SANITARY SEI.~R EASEMENT AND STORM DRAIN EASEMENT SD-5~2 Mr. Hanley reported that the attorney for Mr. Green had requested Green additional time to complete the necessary requirements for SD-542 for submission at the same time as the agreement w~th the City. The City Attorney said the agreement assuming the expenses of the condemnation proceedings has been prepared and the Mayor ordered the matter deferred to the October 20 meeting for action. G. SD-567 - LOMA SERENO DEVELOPMENT CO., PROSPECT ROAD The Clerk said this matter involves an appeal from the subdivider SD-567 to the Planning Commission requesting elimination of that portion Loma of Condition #13 on the tentative map for SD-567 which reads as Sereno follows: "Bond for one-half of the cost of railroad crossing to be posted by the developer for a period not to exceed ten years." A report dated September 27, 1965 from the Planning Commission was presented approving the delatton of that portion of Condition ~13 and requesting Council actioz for the modification of the condition. The City Attorney advised tha'Z the Council has authority to modify the conditions at this time and recommended that the Council elimin- ate the requirement on the ground that the City has no power to impose it. The Planning Director stated the subdivision had adequate access to collector streets without the proposed crossing. Motion by Councilman Hartman approving elimination of that portion of SARATOGA CITY COUNCIL MINUTES - OCTOBER 6, 1965 G, SD-567 - LOMA SERENO (Continued) SD-567 Condition #13 of SD~.567 reading: "Bond for oneShalf Loma Sereno of the cost of railroad crossing to be posted By the developer for a period Rot to exceed ten years'~ ~ seconded by Councilman Burry; motion carried unanimously. E. SD-564 - ~RACT 4062 - SAM CIRIGLIANO (Continued) This matter was continued from earlier in the meeting. The Director of Public Works stated that this subdivision is in the R1-12,500 SD-~64 zone and curbs and gutters are the standard street requirement in that Cirigliano zone° Mr. Kaiser of Mackay & Somps represented Mr. Cirigliano and stated that his client has no objection to the curb and gutter, the petition was circulated by other residents on Leonard Road° On the other hands he would not object to being relieved of the responsi- bility, but is concerned with the time element, as work is proceeding on the subdivision~ andMro Cirigliano needs an indication of the City's decision. Mayor Glennon referred the matter to the Director of Public Works, Planning Committee and the Planning Commission for a report at the October 20th meeting, V PUBLIC HEARINGS A. C~86 - NEIL K. CHASE - CONTINUED The public hearids was opened by Mayor Glennon at 8:45 P.M. This C-86 was a continuaei~d of alpublic hearing on the application to fezone Nell Chase from R1-10,000 to R-M-3,000 approximately 2.06~acres located on Saratoga AvenUe ~mmediately adjacent ~p. the apartment prpperty known as "The Saratogan"~ No new dommU~ications having been re- ceived, .the M~yor called fo~ a ~eport ~om the Planning Committee. Councilman Herman read the Planning Committee's report dated September 27~ 1965 reeoum~ending approval of the rezoning as adopted by the Planning Commission. With no comments from the audience~ Councilman Tyler moved the public hearing be closed at 8:50 P.M.; seconded by Councilman Hartman; motion carried unanimously. The Mayor ordered Ordinance No. NB-3-ZC-29 introduced with a correction in Line 2, Section 2, Exhibit A, insert after..."months"o,."from the effective date of this ordinance". B. SARATOGA AND COX AVENUES IMPROVEMENT DISTRICT SAPSTOGA-COX AVENUES STORM DRAIN & SANITARY SEWERAGE PROJECT BONDS 1. RESOLUTION 289 Motion by Councilman Martman; seconded by CounCilman Burry; Res. 289 adopting Resolution 289, a Resolution determining unpaid assess- ments and providing for issuance of bonds, Saratoga-Cox Avenues Improvement Project; motion carried unanimously and so ordered. 2. RESOLUTION 290 Motion by Councilman Hartman; seconded by Cou~&cilman Burry; Res. 290 ~dopttng Resolution 290, a Resolution determining unpaid assess- ments and providing for issuance of bonds~ Saratoga-CoxAvenues Storm Drain and Sanitary Sewerage Project; motion carried unani- mously and so ordered~ 3o RESOLUTION 297 The Clerk reported seven (7) bids received on Saratoga-Cox Avenue improvement project bonds in the amount of $128s500 consisting Res. 29~ of street improvements per se~ interest rates ranging from 4o1150% to 5.736~, with the low bidder, Robert Schweser Co. of C~lifornia, Ltdo Motion by Councilman Hartman to adopt Resolu- tion 297, awarding sale of bonds for Saratoga~Cox Avenue Improvement Project to Xobert F, Schweser of California~ Ltd=~ seconded by Counciln~n Burry; motion carried unanimously. SARATOGA CiTY COUNCIL MINUTES - OCTOBER 6, 1965 4. RESOLUTION 298 The Clark reported eight (8) bids received on Saratoga-Cox Avenues Storm Drain and Sanitary Sewerage Project in the amount Res. 298 of $581000, interest rates ~anging from 4.1291~ to 5.753%, with the low bid submitted by S. C. Pohlman Company° Motion by Councilman Bartman to adopt Resolution 298, awarding sale of bonds for Saratoga-Cox Avenues Storm Drain and Sanitary Sewerage Pr~3ect to S. C. Pollman Company; seconded by Councilman Burry; motion eartied unanimously° VII ADMINISTP~TIVE MATTERS MAYOR Io The Mayor reported on the September 22~d meeting with Saratoga Youth High School students to study the proposed Youth Center. He Center directed the POlicy Committee, Councilmen Drake and Tyler, to meet w~th the YoUth Center Group and the Los Gatos Saratoga RecreatiOn District representatives for a d~scussion of the Cityis phrticipation in the development Of the Youth Center and to report back tO the City Council. 2. Mayor Glennon ~m~nCed~ with reg~et~ the reSt~,at~o~ of o. w. Johnson Planning ConnniSsiOner James Wright beCaUSe of 'the press of Planning businesss .and admi,iS~ered t~e oa~ of office to O..~4. j~hnson~ Jro Commissioner as a replacement~'~9~ James W~igh~ With his term to expire January 22~ 1969~ B. FIerCE 1. PAYMENT OF CLAIMS Motion by Councilman Burry approv~ng claims date~ October 6~ 1965 Claims in the amount of $80s299.37 and authorizing the ~ayor ~o issue warrants in that amount; seconded by Councilman Tyler; motion carried unanimously. 2o The Audit for Fiscal Year 1964-65 by Pe~t~ Marwick & Mitchells Audit was presented to the Council. C. COUNCIL COMMITTEES 1. MONTALVO ENTRANCE hMPROV~MENT Councilman Hartman reported on a meetin~ of the Planning Co~nittee on September 27~ 1965~ recommending City construction of the Montalvo entrance improvement with an estimated cost of $6~000 Montalvo being allocated for this work in the 1965-66 budget. Plans and Entrance specifications w~ll be furnished without cost by outside engin- ~ers. Motion by CounCilman Bartman approving advertising for bids for Montalvo Entrance improvement as acon as plans ~re · furnished; seconded by Councilman Tyler~ motion carried unani- mouslyo D. DEPARTt. ZNT I~ADS AND OFFICERS DIRECTOR OF PUBLIC NOR/;S Mr. Buff reported construction of Tracts 3860 and 3729 campleted Tracts 3860 and recommended their acceptance by the City. Motion by Council- and 3729 man Bartman; seconded by Councilman Tyler~ accepting the con- Acceptance struction of Tracts 3860 and 3729 and the beginning of the one year maintenance period; motion carried unanimously. SARATOGA CITY COUNCIL MINUTES - OCTOBER 6, 1965 2. CITY ATTORNEY At the request of the City Attorney for some indication as to CATV Franchise the City's wishes in the CATV franchise matterr the Mayor direc- ted the Public Welfare Committee to meet with the City Attorney to go over the factors involved with regard to policy and legal- ity and make a reeommendation to the Council as to whether or not an ordinance should be drafted. II B. AGREEMENT WITH SANTA CLARA COUNTY TO PURCHASE IAND ON BOHLMAN ROAD (CONTINUED) This matter was continued from emrlier in the meeting. The Clerk stated this is an agreement between the County of Santa Clara and Agreement the City of Saratoga wherein the City would acquire a 7500 sq. ft. to Purchase strip of land on Bohlman Road at the Southwest City limits. The Land - Director of Public Works recommends the acquisition of this property Bohlman Road as he feels it could be useful for additional right-of-way. Under the agreement, we can obtain the piece of land for $1,50 plus publiu cation costs, estimated at approximately $25 to $50° Motion by Councilman Hartman authorizing the Mayor to execute the agreement to purchase 7500 sq. ft, strip on Bohlman Road at the Southwest City limits; seconded by Councilman Burry; motion carried unanimously. VIII COMMUNICATIONS A. WRITTEN 1. The =Clerk read a letter from the Marshall Lane Schools Home and School Club expressing thanks for the p~ov~ding of a crossing guard on Quito Road, 2~ A. let~&~ addressed to the ~lan~ingC6 { Si6nfrom ~wenty~two~xesi- d~t~ on ~ia Grande D~ive protearing the 6onstruction of two- story single family dwellings on the south side of Via Escuela Tr 2844 Drive, was read to the Council by the Clerk. Mr. Walker reported Via Escuela that the subdivision property had been sold by Mackay Homes to Saratoga Properties, after residents had purchased their homes with the assurance that two story dwellings would not be constructed on that property. Zie Mayor advised the administration was using its best efforts in their behalf but that the City has absolutely no power to stop' the builder in this matter. 3o A letter from Daniel Ungaro, District Superintendent, Saratoga Union School District, was read, offering a section of the Foot- Foothill- hill School site to the City for park development instead of the Fruitvale five 'acre parcel at the Fruitvale School requested by the Council. School The District has been investigating the feasibility of an ex- property change with the City of five (5) acres of Fruitvale School property for five acres of City property. B. ORAL None Mayor Glennon expressed thanks to the Good Government Croup for the serving of coffee and Mr, O!Rorke and Mr. Johnson for their attendance. The City Attorney announced a hearing before the Public Utilities Com- PUC mission to be held on October 20th !.n San Francisco for adoption of rules and regulations in relation to the installation of underground utilities. Mr. Henley stated that a representative l~ill be attending from Saratoga, IX ADJOUR~4ENT Motion for adjournment at 9:42 P.M. by Councilman Burry; seconded by Councilman Tyler; motion carried unanimously.