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HomeMy WebLinkAbout11-02-1966 City Council Minutes CITY 0F SARATOGA SUI~3~RY OF ~INUTES TIME: Uednesday, Royember 2, 1966 PLACE: Saratoga City Council Chamberss 13777 Frui~vale Avenues Saratoga, Calif, TYPE: Regular Meeting I OR~A. NIZATION Hayor P~o Tern }lardman called the meeting to order at 7:30 P, A, ROLL CALL Present: Councilmen Hartman, Tyler, Burry, Robbins Absent~ Councilman Glennon B, MINUTE S It was moved by Councilman Robbins, seconded by Councilman Burry, and unani- mously carried t,o waive the reading and approve the reading and approve the minutes of the October 19s 1966 meeting, as written, II BIDS AND CONTRACTS A, CONTRACT WITH P,G,& E, COVERING RELOCATION OF ELECTRIC FACILITIES FOR THE IJtPROVE~NT OF VESSING ROAD. Contract P.G.E It was moved by Councilman Robbins, seconded by Councilman Burrys and unani- Vessing mously carried to authorize the Mayor to execute a contract with P.G.& E. Road Cobany cove~ing relocation of electric facilities for the improvement Elec. Vessing Road, PETITIONS, ORDINANCES AND FORMAL RESOLUTiO~IS A, MINUTE RESOLUTION AUTHORIZING EXECUTION OF SIGNATURE CARDS FOR .WITHDRAI.IAL OF FUNDS BROIl FIRST VALLEY BAlK The City Clerk explained thats in accordance with the recommendation of the Author- Management Connittee, the City's ~alary and l.vage Fund is being transferred izing from the Bank of America to the First Valley .Banks and that new signature Bank cards are necessar~ for authorized~ persons to sign salary and ~aEe checks. Sigma- It was moved by Councilman Tyler, Seconded by COuncilman Robbins and .unani- ture mously carried to authorize the City Administrator to establish a Salary and Cards Uage Acecount with the First Valley Bankl to authorize the withdrawal of funds from said account. upon checks of the City of Saratoga; and to authorize First Valley Bank to honor and pay any and all checks signed by any u. yo of the follow- ing persons, including those drawn to the individual order of any officer or other person authorized to sign the same: l'h E. Glennan, I-iayorl K. R. Hartman, Hayor Pro Tern; W. C. Henley, City Clerkl V. F. Fabriss Treasurer, Milla Dean Rothlishergers Deputy City Cler~ and Deputy City Treasurer. B. RESOLUTION NO. Reso It was moved by Councilman Tyler, seconded by Councilman Burry, and unanimously 345 carried to adopt Resolution No. 345s conveying s~nitary se~.~rs within the Azule Azule Homesites Improvement Project to the Cupertino Sanitar7 District. IV SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A, C-/1 and SD-52~ -~U%X~U%R INVESI~U~NT COMPANY C-71 Mr. Henley outlined the report and recommendation frem the Planhim8 Couu~ission SD-527 re the applicant's request for extension of rezoning and modification of condi- fezone tians of Subdivision approval to permit rolled curbs in lieu of vertical curbs exten- for property located on ~4alnut Avenue. Mr. Henley then read the conditions of sion Ordinance NS-3-ZC-24 cunditionally rezoning the property on December 2, 196~, request and noted that, under the conditions of the Ordinances the rezoning had expired January 2, 1965. The Plannin~ Director reported that the Planning Commission was aware of the expiration date but had agreed that, as there was a good deal of proStess an the project, that an extension would be in order if it is legally possible. No one was present on behalf of the applicant and, with Council approval, the Mayor postponed action on this matter until the City Attorney's arrival. CITY OF SARATOGA SUMHARY OF ~flNUTES - NOV. 2, 1966 B. SDR-647 - RALPH ~fERKLEY SDR-647 ~4r. flanley explained that one of the conditions of site approval for tx~o lots Marklay on Canlie1 Avenue was that the applicant dedicate a 10 foot storm drain ease- stom merit along Lot 10 to serve proposed development of property in the vicinity drain of this lot, The Public l~elfare Comnittee reviewed the appltcaut*s request ease- for deletion of this condition and concluded that it might be best to have ment the prospective developer pay a reasonable price for this easement but, iu deletion the interim, the developer postponed future action on the proposed subdivision and, Mr, Itanley concluded, the Staff therefore recoupends tbat this condition be deleted and that the existing storm drain easement on an adjacent lot be utilized if it is needed in the future. After discussion it x~as moved by Councilman Tyler, seconded by Councilman Burry, and unanimously carried to delete the requirement for a storm drain easement dedication as a condition of approval of SDR-647. A. C-71 and 'SD-527 - continued form earlier on agenda C-71 The City Attorney stated that he had reviewed the request from Maxmar Invest- SD-527 ment Company for an extension of the rezoning C-71, and had submitted a ~ritten rezoning opinion that the rezoning of the property has expired and the property has reverted to the original zoning and therefore the question relative to conti- ex~en- tions of subdivision approval becomes moot. The City Attorney advised the sion request Council that it has no po~xer to extend a rezoning that has already expired, by the conditions of its o~m terms. It was moved by Cooncilman Tyler, seconded by Councilman Robbins and unanimously carried to deny the request relative to extension of rezoning and subdivision modification of conditions, with the observation that the reason for denial is not the lack of merit behind the request but is a matter of timing as the City Council has no po~er to grant the request. C. SDR-593 - RALSTON JOHNSON SDR-593 Hr. Arvin Robbs Attorneys appeared on behalf of ~fr. R~lston Johnson, Hr. Jordan Ralston ft. Pennoyer, and other property m-mars along a private road off of Pierce Road Johnson south of Via Reginas to request authorization for the. replacement of their bridge damaged bridge across Calabazas Creek with a raih.~ay flat-car brid~e designed by lit. Dale Gatlin, Mr. Robb also requested that Mr. Johnson, SDR-593s and Pennoyer, SDR-618~ be relieved of the condition requiring their pro-rata con- tribution to the cost of an Ultimate two way bridge designed to City standards at such time as the Uestern Ilills subdivision develops to the west. After extended descu~sion, it was moved by Councilman Burry, seconded by Councilman Robbins and unanimously adopted to authorize the construction of the proposed rali~ay flat-car bridge but to relieve fir. Johnson and Nr. Penuoyer of any pro-rata contribution to any further bridEe or bridge enlargement that may be required only if the ne~.x proposed structure ma~ be paralleled by a similar structure to provide two-x~ay access whe.n the i~esteru Hills subdivision is developed. V PUBLIC HEARINGS - 8:00 P. H. A. C-98 -QUITO PARK BUSINESS CENTER C-98 .~ayor Pro Tern opened the public hearing at 8~0 P. ~. and directed the file Quito No. C-98 introduced as evidence, .-'~r. Henley read the report from the Planning Park Cor~ni ssion reco~mending approval of this application to fezone from "R-l-10,000" Business to "C-N" approximatley two acres of property located on the northwest corner Center of the intersection of Cox Avenue and Paseo Presada. ~o one present spoke against the proposed rezoning and l~r. Ernest Renzel spoke in behalf of the rezoning. It x~as moved by Councilman Tylers seconded by Councilman Robbins, and unanimously carried to close the public hearing at 8:55 P. H. Ord. It was moved by Coancilman Burry, seconded by Councilman Tyler and onanimansly O CITY OF SARATOGA SUMMARY OF MINUTES - NOV. 2, 1966 B. C-99 -B. T. CALEB Mayor Hartman opened the public hearing at 8:56 P. M. and directed the file C-99 No. C-99 introduced as evidence in the hearing. Mr. l!anley read the report Galeb which was adopted by the Planning Co~,,=sission~ reco~.~:,ending approval of aDplica- teEone tion to fezone from "R-I-IO,O00" to "C-N" approximately one acre of property request located on the easterly side of the boundary of the present "C-IT" zoning and bounded on the north and west by residential lots frontinS on Seagull Way and Zorka Drive and bounded on the south by the Southern Pacific right-of-way subject to the condition that all material on this property or adjacent property along the north side of the railroad right-of-Y,ray be removed and put in clean and sanitary condition and maintained in that manner. lit. Ted Galeb, appearing on behalf of the applicant, noted that all the lots ironring on Zorka Avenue are presently duplexes. There being no further discussion from the Council or from the audience, it was moved by Councilman Burry, seconded by Councilmen Robbins and unanimously carried to close the public hearing at 9:03 P. M. Or d. NS-3- With no objection, Mayor Hartman directed Ordinance NS-3-ZC-35 introduced Z8-35 rezoning the property of B. T. Galeb, as recomnended. Recess: 9:05 P. M. Reconvened: 9:15 P. M. VI ADMINISTRATIVE MATTERS A. MAYOR Cuper- Mayor Hartman announced that the City Council and staff members have been tino invited to attend the dedication of the new Cuperttno City Hall at 1023 Torre City Avenue on Saturday, November 19 at 2:00 P. M. Hall B. FINANCE (1) It ~as moved by Councilman Tyler, seconded by Councilman Robbins and Bills unanimously carried to approve the disbursements on the list dated November 2, 1966, and authorize that x.mrrants be dra~,m in payment for a total amount of $30,547.90. (2) Uith no objection, the Mayor referred to the Management Com~m~ttee, the Annual Annual Post Audit, along with a letter f~om Peat, ~arwtck, ~itchell & Audit Company listing various suggestions, and a memorandum from the City Administrator relative to these suggestions. The Management Connlttee will review this material and report back to the City Coancil. c. council CO rrTSES (1) Report of Policy Co~nittee re Use of ltakone Gardens Policy Councilman Robbins read the report of the Policy Committee, dated October re use 28, 1966 regardtn~ policy suggestions as to the use of Hakone Gardens, and of Hakone after considerable .discussion, during which Tits. Raisa Kocher and ~r. Gardens Loren Smith urged ,careful policing of the premises to guard its unique character, it was moved by Councilmen Tyler, seconded by Councilmen Burry, and unanimously adopted to accept the preliminary report of the Policy Committee on the use of Hakone Gardens. (2) Councilmen Tyler reported that the Pubiic Welfare Committee reviewed the requests which were previously received relative to parking on Oak Street Oak and that it was the recommendation of the Committee that parking be banned Street on the east side of Oak Street from Komina Avenue to the southerly property Parking line of the Library site, ~,,'~th the exception of the loading zone directly in front of the Oak Street school, and that a two hour parking limit be imposed along the frontaRe of the apartment house at 14649 Oak Street. It was moved by Councilman Tyler, seconded by Councilman Robbins, and unanimously carried to adopt the Public Works Co~maittee report. -3- SARATOGA CITY COUNCIL MINUTES - NO~MPER Z, 1966 Following up on the previous action, it was moved by Councilman Tyler, Res. seconded by Councilmen Robbins, and unanimously carriedto adopt Resolu- MV-9 tion No. MY-9, restricting a portion of Oak Street to two hour parking and prohibiting parking on portions of Oak Street, D. DEPARTMENT HEADS AND OFFICERS (1) Er~ Hanley read a letter, dated November 2~ 1966, from William Clark, Conditional Attorney for W. C. Oarcia and Asseciates~ requesting that the City, on Uses in C-S its own motions follow the Zoning Ordinance amendment procedure to add zones - retail specialty shopping center to the Conditional uses in the C-S zone, Zoning The City Attorney stated that he saw no legal objection to the request Ordinance presented By Mr. Clark and that, in his opinion, it might be well for amendment the Council to follow this procedure as it ~uld avoid any possibility procedure of an extended legal suit dealing not with the merits of the proposal but with the procedure by which the additional conditional use was added. After extended discussions during which Mr. Rainey Hancock requested complete General Plan review prior to adding any conditional uses to the C-S zones it was moved by Councilmen Burry, seconded by Councilman Tyler, and unanimously carried to refer the mettot to the Planning Co~nission for reconsideration via the Zoning Ordinance ~m~ndment process. (2) The Staff presented a proposal (Colored map) for the improvement and Highway 85 beautification of Highway 85 in the Commercial Service Zone, providing Beautification traffic circulation through a combined service road-parking area with C-S Zone various access points to the highway. The City Clerk stated that this proposal has been approved by the Planning Commission and that the staff recommends Council approval of the proposal as a guide line to enable the staff and Planning Co~ission to set dedication and improvement requirements for individual parcels abutting that stretch of the highway as they are developed. It was moved by Councilmen Tyler, seconded by Councilman Robbins, and unanimously carried to adopt the proposal as a design standard guide-line for future public improvements and beautifica- tion of this area. (3) It was moved by Councilman Burry, seconded by Councilman Tyler, and Tr. 4123 unanimously carried to approve the recormmendation of the Director of ConStruction Public Works and accept the improvements in Tract 4123, for construction acceptance only, provided that prior to meintenance acceptance a slope easement or release be obtained from the adjacent owner ors as an alternative, that a retaining wall be constructedwhich would allow restoration cf the ground surface on the adjacent property. Tr.3860 (4) It was moved by Councilman Burry~ seconded by Councilman Tyler, and Monument unanimously carried to release the mon,rm~ut bond posted in connection Bond with Tract 3860, as recommended by the Director of Public Works. Weed (5) Councilman Robbins moved~ seconded by Councilman Tyler, to authorize Control that a purchase o~der be issued for weed control services on City rights- authorization of-way, for a total co~t of $1,028.58, as recommended by the Director of Public Works~ motion carried unanimously. Change (6) It was moved by Councilman Tylers seconded by Councilman Robbins, and Order - unanimously carried to authorize a change order in the amount of tlwy.85 $1s120.00 for the addition of handrails along a portion of the walkway Walkway currently under construction on Highway 85 from the High School to the Plaza area. Taxicab (7) The City Attorney reported that he expecte to have available, by the Ordinance next regular meetings a draft of the proposed Taxicab Ordinance for Management Committee review. -4- CITY OF SARATOGA SUle[~'tY OF MINUTES - NOV. 2, 1966 E. CITY ADKINISTRATOR (1) With no objection, a letter from Donald Bush, on behalf of the Chamber Retirement of Co~ra~rce, relative to a proposed amendment to the Zonfu~ Ordinance Facilities pertaining to retirement facilities, was referred to the November 16 Couununication meeting at which time public hearing will be held on the matter. (2) Councilmen Burry moved, seconded by Councilman Robbing, to authorize the Reid Lane- Mayor to execute a contract with Los CarDs Joint Union l!to, h School ttwy.85 District for the installation of flashing yellow beacons at Reid Land flashing and Highway 85 at the up-dated State Division of Highways estimated cost beacons of $5200., half of which is to be borne by the City, Motion carried contract unanimously. Mellon (3) At the request of the City Administrator, the Mayor, with no objection, Drive referred to the Plannln~ Co~mittee the question of landscaping at the Landscaping intersection of Mellon Drive and Saratoga Avenue and referred to the & Habne WaterM~anagement Connittee the matter of a water system at Hakone Gardens. VII COMMUNICATIONS A · WRITTEN ~ erred to County (1) With no objection, ~Iayor ref the Public Nelfare Committee Housing a communication from County Counsel Howard Campen, dated October 25, 1966, Authority relative to the establishment of a Public Housin~e Authority for the County. County- (2) The Councll acknowledged a letter from Robert T. Maynard, Mayor of the City wide of Santa Clara, relative to the proposed formation of a County-wide plan- Planning ning connittee. Natal. (3) Copies were d.istributed to the Council of an invitation from the National Safety Safety Council to attend an annual recoWaitiou dinner for City and County Council Officials on Friday, November 18, 1966, at Lou's Village in S~n Jose. C & I (4) The Council acknowledged a letter from C and I Development Company, Commend- expressing connendation to the Council, Plannin~ Commission and Staff ation for processing its subdivision application expeditiously and efficiently. Regional (5) Copies of a letter form the' League of Women Voters of Los CarDs-Saratoga Home were distributed for Council review, along with an attached statement Rule to the Executive Co~wnittee of the Association of Eay Area Governments relative to Regional t]ome Rule. L.G.-Sar. (6) N~ action was taken on a communication from the Los CarDs-Saratoga Symphony Symphony Society, describing several special concert events which are planned for the 1966-67 season, and requesting Council support fo~ the organization. F.Druding(.7) The Council and Staff discussed a letter form Mr. Frank Druding, dated request for October 24, 1966, requesting abandonment of an island of land, located abandonment at the northwest corne~ of the intersection of Saratoga Creek Drive and of land COx Road. With no objection, ~ayo~ Hartman referred the request to the Planning Commission .for reconmendation to the City Council. Marthese.(8) Mr. Harold Marchese, 12973 Pierce Road, addressed the Council relative to Pierce & a maintenance problem at the corner ~f Pierce Road and Foothill Lane, and Foothill added details to the situation described in his letter dated October 26, Maintenance 1966. After discussion, during ~hich Mr. Marthese in~icated that weeks delay would be satisfactory to him, the Mayor, with Council approval, referred the matter to the Public Iqe!fare Co~nn~[ttee for study and recom- mendation. B. ORAL The Mayor acknowledged, with pleasure, the presence of representatives from the Good Government Group and Chamber of Commerce. -5- CITY OF SARATOC4 SUMMARY OF MINUTES - NOV. 2, 1966 VIII ADJOUR~NT It was moved by Councilmau Burry, seconded by Councilman Tyler aud unanimously carried to adjourn the meeting at 10:45 P. N. Respectfully submitted~ ~.;ILLIAM C, HANLEY, CiTY CLER~