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HomeMy WebLinkAbout07-06-1966 City Council Minutes CITY OF SARATOGA SU~-q.~i{Y OF MII~UTES TItlE: Wednesday, July 6, 1966 - 7:30 P. H. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, Califo TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:35 P. M. A. ROLL CALL Present: Councilmen Glennon, 'Drake, Hartman, Tyler Absent: Councilman Burry B. ~.ilNUTES It was moved by Councilman Tyler, seconded by Councilman Drake and Minutes unanimously carried to waive the reading and approve the minutes of the June 15, 1966 meeting, as written. II BIDS AND CONTRACTS A. A~REEMENT FOR PURCHASE OF RIGHT OF ~YAY - SARATOGA AVENUE - F. P. RODRIGL~ES Rodrigues- This item was deferred until later on the agenda for check of the appraisa~ Saratoga Ave. r/w B. REQUEST FOR AUTItORIZATION TO ADVERTISE FOR BIDS FOR SEAL COATIMG CITY STREETS It was moved by Councilman Hartutah, seconded by Councilman Tyler and Seal unanimously carried to authorize the staff to advertise for bids for the Coating annual seal coating project outlined by the Director of Public Works, Bids for a total estimated cost of $22,000. C. REQLrEST FOR BIDS OIJ REORADIN8 ARGONAUT DZIVE GUTTER FL(~.? LINE Thq Director of Public ~Forks estimated .that it would cost between $8,000 Grading and $12,000 to fegrade the existing as~haltic gutter flox.~ line on Argonaut Gutter m s the staff to advertise for bids for Bids this work which will be financed primarily from storm water funds with some portion to be paid for with Gas Tax ~-iaintenance funds. D. AGREEMENT WITll RILEY & CUFFE FOR ENGINEERING SERVICES ON SARATOGA }tILLS ROAD It was moved by Councilman }Iartman, seconded by Councilman Drake and Saratoga- unanimously carried to authorize the Mayor to execute an agreement with Hills Rd, Riley and Curie for engineering services on the Saratoga llills Road Engineering preposed assessment project at an estimated cost of $11,000; terms of Services the agreement to be the ea~e as those applicable to the Pike Road project, A~ RODRIQUES AGREEMENT FOR PURC}IASE OF SARATOGA AVENIIE~ RIG}IT OF WAY - CONTINUED FROM EARLIER O}I AGENDA Rodrigues - Saratoga Ave, 'R/W After discussion by the Council and staff of the difference in the appraisal and the purchase price reconnended, this item for purchase of right of way on Saratoga Avenue ~as deferred by the Mayor, ~ith no objection? until after the recess for further checking by the City Attorney, III PETITIONS, OPd)INANCES AND FOR.~L RESOLUTIONS A. RESOLUTION NO. 338 Res, 338 It was moved by Councilman Hartman, seconded by Councilman Tyler and Sani,Dist, unanimously carried to adopt Resolution No. 338, granting consent to No. 4 Sanitation District ~o. 4 to undertal~e proceedings to construct a sanitary Consent sewerage project and to provide that the cost shall be assessed on the to proceed district benefited under appropriate special assessment and assessment bond proceedings, in the vicinity of }{antalvo Road. SARATOGA CITY COUNCIL ~[INUTES - July 6, 1966 II BIDS AND CONTP~CTS - continued E. AGREEmeNT FOR CONTINUATION OF SHERIFF's PA~"1OL SERVICES FOR FISCAL YEAR 1966-67 After discussion of the terms of the agreement, ~hich are basically Sheriff~s the same as those previously in effect, except that the hourly patrol Contract - rate has been increased to $10.76 for the 124 hours per ueek service; 1966-67 it was moved by Councilman Tyler, seconded by Councilman Hartman and unanimously carried to authorize the Mayor to execute the a~reeme~t for the current fiscal year as presented. F. WILDWOOD PARK ESCROW HOLDING AGP~EMENT Councilman Drake moved, seconded by Countlinen Hartman, to authorize the ~ildwood Mayor to execute the standard form of holding agreement ~ith Valley Title Park Company, releasing them from liability while the Wild~mod Park Droperty Holding is in escrow; motion carried unanimously. A~reemant III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS B. ORDINA!']CE NO. 42 Ord. 42 Mr. Henley reported that no changes have been made in the 1966-67 budget Adopting presented to the Council at the last meeting but that he respectfully 1966-67 requests that the preliminary budget be modified to fill the position BUdget of Administrative Aide ~hich has been vacant for the past three years. This modification would add approximately $6,000 to the City Clerk's- Administrator~s department and reduce the unallocated reserve account by the same amount. Councilman Drake, Chairman of the Management Commtttee~ endorsed this recommendation. Councilman Hartman asked that this item be continued for further study and it was moved by Councilman Drake, seconded by Councilman Harman and unanimously carried to adopt Ordinance No. 42, approvlng the 1966-67 preliminary budget, with the understanding that the item regarding filling the Administrative Aide position be considered at the next meeting. C. ORDINANCE NO. 15-I Councilman Drake read Ordinance No. 15-I, establ~shin~- the salary of the Ord. 15-1 City; Clerk-~dministrator at $18,000 per year, and indicated that thi~ City Clerk- ordinance is recaumend~d for approval~by the ~{anagement Committee. With Administrator no ;objection, Mayor~Glennon directed the.:rec0rd to indl~at~ that the Salary ordinance ~as introduced and will ~e considered for ~econd reading and adoption at the next meeting. II - F - WILDWOOD PARK ESCR~.J HOLDING AGREEMENT The City Attorney noted that one of the Exhibits accompanying the Wildwood Wildwood Park Escrow Holding Agreement is not in order and Councilman Drake moved, Park seconded by Councilman Hartman to amend the previously approved resolution Hol~in~ to authorize the ~fayor to execute the holding agreement with Valley Title Agreement Company, sub]ect to the approval of the City Attorney; motion carried unanimously. D. FRANCHISE ORDINANCE GOVERNING COMMUNITY ANTENNA TELEVISION SYSTEMS The City Attorney outlined the provisions of Ordinance 38.12, incorporating Ord. 38o12 certain portions of other cities ordinances, reconnendations of the League C.A.T.V. of California Cities, the F.C.C. and N.I.~.I.L.O. After considerable Ordinance discussion, during which Councilman Drake advocated caution relative to franchise fee provisions, the ~layor directed the minutes to indicate that Ordinance 38.12 was introduced. E. RESOLUTION NO. 339 It was moved by Councilman Drake, seconded by Councilman Hartman and carried unanimously to adopt Resolution 339 requesting the United States Department of the Interior, Land ~.r~anagement Division, not to dispose of -2- SARATOGA CITYCOUNCIL MINITfES - July 6, 1966 public domain lands in the County of Santa Clara until permanent plans have been formulated, F. RESOLUTION 14-UP-103-1 - ~NUEL LOZANO UP-!03 The Clerk read Resolution 14-UP-103-1, formally s~ating the decision of Lozano the City Council at its last meeting to reverse the decision of the Car wash Planning Commission and grant a Use Permit to Mr. Lozano for a car ~.msh use permit and establishing conditions of the use permit as recommended by the Planning Commission. Planning Co~nission Chairman Norton stated that the applicant and his representative were present at the PlanninE Com- mission meetin~ and expressed no disapproval of the conditions recommended by the Planning Commission. Councilman Drake moved, seconded by Council-- man Tyler to adopt Resolution No. 14-UP-103-1, as clarified by the Council; motion carried unanimously. IV SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. TRACT No. 3572 Tr.3572 Mnnument Councilman Tyler, moved, seconded by Councilman Hartman to release the Bond monument bond posted in connection ~ith the development of Tract 3572; Release motion carried unanimously. Adah B. A request from Adah Nelson for refund of a variance filing fee uas Nelson deferred until the arrival of the Planning Director. C. SDR-584 - FP~%NK L. GIPPETTI SDR-584 It was moved by Councilm~n Drake, seconded by Comxcilman Tyler and carried F.Gippetti unanimously to adopt Resolution SDR-584-1, ~rantinZ building site approval to Frank L. Gippetti for one lot on Fruitvale Avenue. D. SDR-642 - JAMES ~ MARINO SDR-642 A motion was. made by Councilman liarman, seconded by Councilman Tylet J.~Marino and carried unanimously to ~adopt Resolution No. SDR-642T1, granting building site approval to James V. Merino for one lot on Montalvo Lane. g. C-80 - CLARENCE NEALE It was moved by Councilman Tyler and seconded by Councilman Ilartman to C-80 adopt the Planning Conunission report, dated June 27, 1966 recommending C. Neale that Mr. Mealo's request for waiver of the single sign limitation imposed on the original rezoning of his property, be approved and the normal sign uses permitted under the zoning ordinance be allowed. Mayor Glennon directed the record to indicate that Councilman Drake abstained from voting and that the motion carried on three aye votes and one abstention. F. SDR-641 - NEIL KIPaCHAM SDR-641 The Planning Director araounced that Mr. Kirkham has requested that this N.Kirkham item be deleted from the agenda and the Mayor so ordered. B, ADAH NELSON - continued Adah ~le Planning Director explained the circumstances of this request for a Nelson refund of filing fee for a variance and it x~as moved by Councilman Hartman, refund seconded by Councilman Tyler and carried unanimously to refund the full $20.00 filin~ fee posted by Miss Adah Nelson. G. SDR-609 - JOHN LYNGSO SDR-609 Mr. Hartman reported that the Director of Public Works and the Planning Lyngso Director had met with repressu~atives of the Lyngso and Calson properties in an effort to resolve the question of the improvement of ~anor Drive. The Council and staff discussed the history of this matter and the current status, as well as the conditions of the original rezoning of the LF~gso property. -3- SARATOGA CITY COUNCIL MINUTES - July 6, 1966 Mr. Gordon~ representing the Calson interest, repeated the re,son for his client's request that Manor Drive be impro,.~d as indicated above. Mr. Uarren Heid representing ~{r. Lyngso and Mr. Vallerga, owners of the Lyngso property, spoke in support of the Lyngso Company's objections to the Calson Company request. Mr. Vallerga added his objections to those presented by Mr. Held and also spoke in defense of the present and proposed uses of the property in relation to the conditions of rezoning. Mr. Bud Johnson, resident in the Lindsay subdivision, spoke in favor of Improving Manor Drive to the full 80 feet. After further discussion, Mayor Glennon, with Council approval, referred this item to the Planning Committee for thorough review, consultation with representatives of the Planning Commission and recommendation to the Council at a later meeting, with the understandln~ that representatives of the parties involved will be invited to attend meetings the Cormuittee schedules regarding this question. V. PUBLIC HEARINGS - 8:00 P. M. A. C-96 - JOSEPH J. PON C-96 Continuation of public hearing' on application to fezone fromR-I-40,000 Port to R-1-40,000-P-D approxlmatley 11 acres located at the ~.msterly terminus of Verde Vista Lane. Councilman Hartman reported that the Planning Committee, at the last meetings was requested to review Mr. Pon's request for P-D zoning on his property at the end of Verde Vista Lane with a vie~ to clarifying the kinds of land development situations to which P-D zoning was designed to apply. Councilman tlartman read the Plannin~ Committee report, dated July 6, 1966 regarding this question and reported that it ~as the con- clusion of the Planning Conmittee that none of these Justifications exist with respect to the Pon property and it was therefore recommended that the decision of the Planning Commission to deny the P-D zoning be withheld. The Planning and Subdivision Committees, however, did agree with Poche that the existing language of the Zoning Ordinance provisions dealing with P-D zohing does not make these purposes and objectives clear to a prospective applicant and that it, therefore, should be changed. Mr. Poche and ~fr. Kaiser, attorney and engineer for Mr. Port, respectively, commented regarding this matter and the reasons why they had felt the P-D zoning to be the best method of developing the property. Mr, Clarence Neale spoke in favor of Planned Development zoning, It was moved by Councilman IIartman, seconded by Councilman Drake and carried unanimously to close the public hearing at 11:22 P. M. Councilman Hartman moved, seconded by Councilman Tyler to deny the rezon- ing application No~ C-96; motion carried unanimously. B. C-90 - ~TOlv~ AND COL~ITRY REALTY C-9O Mayor Glennon directed the public hearing opened 11:26 P. M. on the To~n & application No. C-90 and directed all files and correspondence introduced Country as evidence. The Clerk read the recommendation of the Planning Commission dated March 30, 1966 reconnnending denial of the application. Mr. Maurice Rankin, attorney representing ~{r. Seagraves (on whose behalf the application was filed) spoke in favor of the rezoning application and reviewed the history of the .entire property from which Mr. Seagraves retained the corner parcel of the land sold to the ~1edical Village of Saratoga, The Clerk reviewed the history and current status of this application and the Council discussed with the etaff, Mr. Rankin, Mr. PaDalias and Dr. Abrams the deed restrictions imposed on the Medical Village development. -4- CITY OF SARATOGA .~KNUTES - July 6, 1966 After extended discussion, ~-~ayor Glennon, ~ith no objections continued the public hearing to the meeting of August 17, 1966 and requested the City Administrator to arrange a meeting of all interested parities in an effort to resolve the problems connected with this application. C. TRACT 4102-A Tr. 4102-A Mayor Glennon directed the public hearing opened at 12:50 A. M. on the Reversion proposed reversion to acreage of the subdivision known as Tract 4102 to Acreage located at the north end of Ten O~k ~.'~ay. The ~iayor directed the file introduced as evidence and there being no one present who wished to comment x-r~th respect to this matter, it was moved by Councilman Hartman, seconded by Councilman Drake and carried unanimously to close the public hearing. It ~as moved by Councilman Tyler, seconded by Councilman }Iartman and unanimously carried to approve the reversion to acreage and authorize the Clerk to record the map entitled Tract 4102-A. V. ADMINISTRATIVE ~TTERS A, MAYOR (1) ~fayor Glennon announced that Councilman Drake has submitted his Councilman resiguatian, effective July 15, 1966, because of a business transfer Drake - Resignation to Florida and expressed his sincere appreciation, on behalf of the Council and the City, for Councilman Drake's conscientious, forthright and valuable contributions to the City. (2) Mayor Glennon explained the policy of the Council in replacing Council members who must vacate their unexpired terms of office and announced that, to date, 19 candidates for replacement of Councilman Dr~l~e have been subnitted for consideration. After discussion, Councilman Drslce extended his resignation date to July 19, 1966 in order to avoid the time and expense involved in the required special election should the position remain unfilled after that date. B. FINANCE It was moved by ~ounctlmen Drake, seconded by Councilman Hartman and Bills unanimously carried to approve the disbursements on the list d.ated July 6, 1966 for a total an~Junt of $122,584.73 and authorize that warrants he dr~n in payment. C. COUNCIL CO~IITTEES (1) It was moved by Councilmen Tyler, seconded by Councilman Drake and Seagraves unanimously carried to adopt the Policy Committee report, dated Parcel July 6, 1966, relative to the purchase of the entire Seagraves adjacent to Parcel adjacent to Redwood School (Fruitvale Avenue). School The report reconnends that the excess property not be acquired and that the City consider possibility of expanding the Civic Center by acqu~sition of the property across Wildcat Creek and, if this property proves unavailable, proceed in an eminent domain action to acquire the 5.85 acres of the Seagraves parcel needed for the exchange in time to meet the School District's needs. (2) Councilman Drake submitted a report, dated July 6, 1966 relative Gresham - to an offer from ~r. Joseph Gresham of a 5% discount an the remain- discount ing principal amount of $28,333 owed to him and his san Midon for on }lakone the purchase of their shares of Halcone Garden if paid now, Full purchase details are set forth in the report and it ~as moved by Councilman payments Drake, seconded by Councilmen Tyler mad unanimously carried to adopt the report and.authorize the advance payment to the Greshams' only. -5- SARATOGA CITY COUNCIL MINL'rES - July 6. 1966 D. DEPART~ZNT HEADS AI~) OFFICERS Saratoga (1) It was moved by Councilman tlartman, seconded by Councilman Tyler Avenue and un~ntraously carried to accept the improvements on ~arato~a Con Avanue for completion, as recommended by the Director of Public Works. (2) It ~as recommended by the Dire.c~or of l~lbtic Works that the bond S~R-~9' posted in connection with SDR~, .~!i]o Corporation, be returned Bond return inasmuch as the bond was not posted by the applicant and several conditions of building site approval have not been met. The City Attorney approved this procedure and the Council approved retuLn of the bond, as reconnended. Bond releases: (3) It was moved by Councilman Drake, seconded' by Councilman Hartman SDR-543 and unanimously carried to release the improvement bonds posted in SDR-286 connection with: (1) SDR-543- Bernard Borox~ (2) SDR-286- Frederick SDR-475 Ossenbeck and (3) SDR-475- John Durham. Rodrigues - (4) It was moved by Councilman Drake, seconded by Councilman Hartman PJW purchase and unanimously carried to authorize the Mayor to execute the contract with F. P. Rodrigues for purchase of right of way on Saratoga Avenue. E. CITY ADMINISTRATOR (1) Mr..Hanley presented reports from the Division of Ili~hways and Reid Lane Wilbur Smith and Associates regarding the Reid Lane and Highway & Highway 85 85 intersection, both of which concluded, among other findings, intersection that signalization at this locatioh is unwarranted but advocating the fnsta!lation of ~ flashing. yellow light, After discussion of the various reco.--~endations, it was moved by Cooncilm~n Drake, s~co~ded by Councilman ttartman and carried unanimously to notify the School Trustees of the reconmendations and~ urge them to act on the basis of the ~;ilbur Smith ~ecommendatfons. SDR-593 (2) A request from Rolston Johnson to waive underground utility Johnson requirements in connection with building site approval for SD.~.-593 request ~e was referred to the Planning Co~pmittee for investi~atian and underground recommendation. utilities VI. COF~OMICATIONS A. WRITTEN (1) After discussion, an offer presented by -~!r. Sam Hernandez, on behalf Beaut~ftcatLon of th~ Council of Service Clubs, to assist in beautification proJects~ assistance from was referred to the City Administrator. Service clubs (2) ~fr. Itanley called the attention of the Council to a letter from SDR-61~ ;it. Pasquenelli relative to conditions of site approval for SDR-61~ - Garcia W. C, Garcia, and after discussion of the previous Council CoEmittee coudit$ons report reg~ardlng the question, which was believed to have been agreed upon, the matter was passed to the next a~.enda for considera- tion in the light of the request of the applicant*s aetorney that the matter be placed on the July 20, 1966 agenda, Property (3) The Council acknox,,led~,ed a letter, dated July 1, 1966 from Saratoga adjacent Union School District Superin~endent Daniel Ungaro, relative to to school the City's efforts tO purchase the parcel of property adjacent to the Redwood School. B. ORAL Chamber (1) Councilr0an Tyler announced that the Chamber of Conmerce has planned of Con~nerce a lOth anniversary celebration of the City's incorporation, as a lOth Anniv. benefit for the Youth Center, to be held on September 24, 1966, in of City Wildwood Park if it can be cleared for public use by that time. -6- SA~ATOC~ CITY COUMCIL MINIrrES - July 6, 1966 (2) Mayor Glennon acknowled~,ed, with pleasur~ the presence of Planning Commissioner Morton, Good Government Group representatives, and extended his regards to Mr. and Mrs. Paul H. Gardiner. VII ADJOb~IN~gT It was moved by Councilm~n Drake, seconded by Councilman tlartman and unanimously carried to adjourn the meeting at 2:00 A. M. Respectfully submitted, , ~ . /,.~,.~ ,/ ,:.f i.. /