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HomeMy WebLinkAbout01-04-1967 City Council Minutes CITY OF SARATOGA SUMbt~RY OF MINUTES TIME: ~.~ednesday, January ~, 1967 - 7:30 P. M. PLACE: Saratoga City Council Chmubers, 13777 Fruitvale Avenue~ Saratoga, Calif. T~E: Re~lar Meeting I OR~IZATION Mayor Glennon called the meetfn~ to order at ~:30 P. M. A. ROLL CALL Present: Councilmen Glennon~ Hazm~ Tyler, Burry~ Robbins Absent: None B · MI~ES It was moved by Co~cllmn Burzy~ sed~ded by Councilman Robbins, to ~nutes waive the reading ~d approve the minutes of the Decoder 21~ 1966 meet- fng, as ~ftten~ Motion carried with t.~yor Gl~uou abstaining as this is the first meeting he has artended since his return fr~ an extended leave of a5s~ce. B~S ~ CO~TS None PETITIONS, O~I~CES A~ FO~ ~SOL~I~S V PUBLIC ~INGS - def~ered until the publicly noticed tf~ of 8:00 P. M. A. ~YOR Co.Polfc~ (1) l~fth Council approval, ~.~yor Glennon announced t~t he would appoint CoM4ttee representatives to the County-~de Policy Planning C~ittee during Appofnt~nts t~ ~xt'tw weeks. Cupeztiuo (2) ~4fth no objection, Mayor Glennon desf~ated the Plannfns Co~fttee Colon of the City Co~cil to meet with t~ City Of Cupertino representati~as Boundary reEardinE a colon bo~dary agreement, B. ~E It was moved by Councilman Tyler, seconded by Councilman Hartman, and Bills Uzimously carried ~o approve the disbursMents on the list dated J~ 4~ 196;, and authorize that warrants be dra~ in pa~ent for a total amour of $78~181~90. C. CO~CIL C~IT~ES a REPORTS No reports D. DEPONENT H~S A~ O~ICERS (1) ~e Co~ctl discussed a letter~ dated November 29, 1966, from Mayor Quito Rd. Inalis of Monte Sereno~ relative ~o n~-expressway projects in the bridSes - Phase II Traffi~ays Proaram~ and particularly the proposal ~d Monte Sereno reco~endation from the Director of ~blic I.brks that the City indicate & City share a ~llln~ess to participate 'with M~te Sereno in t~ reconstructl~ of t~ bridEe crossings of the boundary creek ~ ~ito Road on a 5~50 basis. It was moved by Co~cilmn Burry~ seconded by Councilm~ Robbins~ ~d ~imously carried to direct the Director of Public Works to reply that it is the~City of Sarato~a's intent to participate in the future c~st~cti~ of th~ brid~e on a pro-rata share basis. E. CI~ ~MINIS~TOR' Res.350 (1) It was moved by Co~cflman liarSart, seceded b~ Counctlm~n Burrys and Eng. BudSet ~manimously carried to adop~ Resolution No. '350, adoptinM and submittin~ City of Saratoga Summary of Minutes - Jan° 4, 1967 ~ the budget for $5,636.13 for use on approved engineering projects from the State Gas tax Fund for the 1967-68 fiscal year. (2) Mr. ManIcy explained that when the present monthly fee of $300 for Matsumoto the accounting services provided by Bill Matsumoto, C.P.A., was C.PoA. established , the volume of the work could not be accurately estimated Services and that Mr. MatsumotO has indicated that the costs incurred by him cost review for the eight months the contract has been in effect are exceeding the amount agreed upon. It was the recormuendation of the City Administrator that the matter be referred to an appropriate Council Connittee for review and, with no objection, Mayor Glennon referred the item to the ~naBement Committee. (3) Mr. Hanley reported that a Consulting Electrical Contractor has Hakone checked the wiring on all the structures at Hakone Gardens and 'has Gardens submitted a list of improvements which are eithernecessary from a electrical safety standpoint or desirable for other reasons. The work recom- wiring mended would range in cost from $1,000 to $5,000, and, with no objection, Mayor Glennon referred the matter to the Public Welfare Conmittee for revi~ and recommeudatien. V. PUBLIC HEARINGS - 8:00 P. M. A. ORDINANCE NO. 38.13 - TAXICAB REGUI~TIONS Ord. 38.13 Mr. Hanley briefly reviewed the history of this proposed ordinance which Taxicab began With cumments from the public regarding lack of adequate taxicab Regulations service at times when the present cabs are not operating. Subsequently, the Management Comnittee conducted a number of meetings to discuss the problem, with both the present Taxicab operators and Yellow Cab of Los Gatos (who had expressed an interest in operating in Saratoga if standard regulations were in effect). At the last of these meetings, a number of modifications were suggested and the ordinance which was prepared by the City Attorney for public hearing tonight'incorporates those modifications. The ordinance ~as then read in its entirety and Mayor Glennon declared the publid hearing opened at 8:30 P. M. No one from the audience responded to an invitation to speak, either for or against the proposed ordinance. The Council and Staff briefly discussed the various pr6visions. There being no one who wished to speak further regarding the-matter, Mayor Glennon directed the file introduced as evidence and the public he~ring was closed at 8:34 P. M. by unanimous vote on the motion of Councilman Hartman and second of Counc{lmen Burry, Mayor Glennon directed the ordin~nce introduced. B. C-90 - T~NAND COL~TRY REALTY }it. Hanley briefly sunmarized the time-table and major actions and requests which have been involVed, before the Planning Commission and the City C-90 Council, with respec~ to this rezoning appiication, No. C-90, a copy of Town& which summarization is included in the file, It was noted that Mayor Country Glennon was not absent ~t any time when this matter was considered by th~ Council so he need not abstain from any action at this time. Mayor Glennon declared the public hearing re-opened at 8:43 P. M. and directed the file, No, C-90 into the record as evidence and asked if anyone present wished to speak regarding this matter. Mr. ~il!iam Ingram~ representing the applicant, Dr. Meleyco, listed, in detail, problems which have confronted the applicant, particularly the restrictfTe conditions of gaining access from the Medical Village to the site. Mr. Ingram then filed, with the Clerk, four letters from physicians who expressed interest inlocating their practice on the property in question. Mr. Ingram summarized his arguments with the request that the Council grant access to the property from Cox Avenue, subject to whatever restrictions it might find nacessary. Dr. Isaac N. Abrams spdce in opposition to the rezoning request and commented again, for the record, that Mr. Seagraves had purposely with- held the corner portion of the property which the Medical Village purc!.a~e~ from him with the understanding of all concerned that it was not intended for near future use but was to be held for the use of Mr. Seagraves grand- children. City of garatoga Summary of Mixrates - Jan. 4, 1967 Mr. Don Foes, designer, commented in favor ef the plans which have been prepared for this property and expressed the opinion that the proposed use would benefit the a~'ea and the property. 'C-90 Dr. Meleyco, the new o~ner of the property, argued that his proposel was Town & the best use for the property. Country Realty There being no one else who wished to address the Council regarding this matter, it was moved by Councilman Burry, seconded by Councilman Robbins, and unanimously carried to close the public hearing at 9:06 P. M. Mayor.Glennon reviewed the history of the rezoning of this entire parcel, including the Medical Village and the comer in question, and cemented that the initial proposal from Dr. Abr~s had been thoroughly studied before the Planning Cormnission and the Council agreed to a development which was purposely rezoned with stringent restrictions. This action was taken with the understanding that~ although efforts had been made to acquire the entire parcel from ~'~.r. Seagraves, the failure to acquire this comer acre should not operate as a bar to Medical Village approval since the corner acre could be used in several ways without presenting a serious traffic problem.. Under these circumstances, the Mayor continued, he could see nO ~eason for the Council to change its intent to have a first class medical development in this area, With limited access to Cox Avenue, CoUncilman Tyler agreed with Mayor Glennon and added that he considered rezoning of this comer at this time to be inconsistent l-;ith good planning. Council~mn Burry noted that he would not think it within Council Jurisdic- tion tb consider economics of a prospective use and that he was personally never ih favor o~ over-riding a Planning Conmission recommendation unless the Conmission had made a legal or planning error and that, in view of the backgrbund of this item, he could see uo indication that the Commission had erred. Couna{lmen Hartman and Councilman Robbins concurred with the other Council members conmmnts, Dr, Meleyco asked what use the Council has in mind for the development of this comer and Mayor Glennon indicated that the property would naturally lend itself to future Medical Center development, as needed, but that the City's primary interest is in preventing the traffic hazard that would result from access to the property from Cox or Saratoga Avenues so close to the intersection under the intensive kind of development represented by medical offices, For this kind of heavy traffic use he pointed out~ access should be through the }fedfeel Village but residential or agricdltural use is presently permitted with direct access to the abutting streets, It was moved by Cotmctlman Tyler, seconded bit Councilman Hartman, and unanimdusly carried to uphold the action of the Planning Commission and deny the requested rezoning. C, ORDINANCE NS-3.14 - RETAIL SPECIALTY SHOPPING CENTER AS CONDITIONAL USE IN C-S ZONE Mr. Henley outlined the: preliminary. studies Of the C-S zone which led to the Riches Research, Iuc, analysis of the area and the !Joint recommendation Ord. of the Planning Committee of the Council and the SubdiVision Committee of NS-3,14 the Planning Commission that additional conditional uses be added to thos~ Retail allowed in the C-S zone, specifically that the use of retail specialty Specialty shopping center be added. Under the terms of the Zonin~ Ordinance, the Shopping addition of this use appeared to be within the Jurisdiction of the Planning Center Co~uuisston and the Planning Co~ission took action to add this additional use in use after a hearing of which general public notice was given but not legally C-S zone published notice of formal hearing. lPnen the matter was presented to the Council, Mr. Rainey Hancock, on behalf of opponents to the action, argued that this action was legally inconsistent ~_'th City Ordinances, State law and the State constftution~ and that on the basis of law involved, it would be necessary for him to file an action against the City. Upon review, the City Attorney, while disagreeing with this point of view, recommended that to avoid any possibility of dispute on the matter which might result in extended litigation ~htch ~0uld preclude any development, that the matter be referred back to the Planning Commission and be treated as an amendment to the Zoning Ordinance, duly noticed for public hearing and, if favorably -3- City of Saratoga Summary of L.'in~tes - Jan. 4, 1967 acted upon by the Planning Commission, be set for public hearing before the City Council. All these steps were followed and public hearing on the matter was set for thL~: time before the City Counc.~l~ wi.~h a reco~aendation from the Planning Commission that Ol'dlna~nce No. NS~3.14 be adopted. The Clerk then read the Ordinance in it~ entirety and the Mayor directed the public hearing opened at 9:30 P. M. and ordered that all reports, correspon-' dance, etc. and the file on this matter be introduced into the public hearing as evidence. Williron G. Clark, attorney representing the property owner involved in the proposed development of property which this ordinance would effect, spoke on behalf of the adoption of this ordinance and the addition of retail shopping center as a conditional use in the C-S zone. He specifically advocated the use his client, Mr. Garcia, proposes for the property located on the northern boundary of the City in the C-S zone as being ~ell re- searched to meet community needs and beautify this entrance to the City. Mr. Clark described his clients effor~.s to develop the area in a manner consistent with the Riches Research analysis and with the City's disire~ for attractive, satisfactory development and indicated that Mr. Garcia wishes to cooperate with the City in any way and prefers not to be in a position of having to develop the property piece-meal in accordance with th~ present zoning uses permitted. C-S Zone Mr, J. Rainey ttancocks representing opponents to the proposed ordinances additional while stating that the first objections which he presented x~ere primarily uses - of procedure and that this procedure has been corrected, indicated that Retail there are many other grounds of objection to the proposed ordinance. Specialty Among these, he particularly referred to (l) non-conformity ~lth the Shopping General Plan, (2) lack of definition of retail specialty shopping center, Cen~er (3) specific standards and controls are not provided, (4) no need for the type of development proposed. Mr. R~ncoek also questioned the status of the extension of. the interim soning ordinance which was adopted some months ago to prdtect the City hy providing that Use Permits must be obtained prior to an~ use proposed for the C-S sone. ~o one else from the audience wished to speak regarding this matter and Mayor Glennon announced that he ~ill abstain from voting on this matter because of a possible conflict of interests which he ~ould announce later. The Council and Staff discussed the matter during ~hich Mr. Henley advised that the emergency ordinance Mr. HancoCk referred to had expired and could not, at this time, be legally extended. Mr. Glenn Miller, subs~ituting for City Attorney Johnston, advised that, to his knowledge, the Zoning Ordinance does not prdsen~ly define "Retail Specialty Shopping Center". Mr. Mactee, Saratoga resident, expressed concern as to ho~ the proposed development ~ould effect the trees in that area and Mayor Glennon and Councilman Hartman indicated that major trees wuld remain but that some ollive trees ~ould need to be removed to allow for Highway 85 widening and that all efforts are made any time a proposed development involves major trees to obtain the cooperation of the Flood Control District when the trdes are located on their easements. Mr. Ted Galeb, on behalf of B. T. Oaleb, indicated that he felt that if the proposed corner development is allowed, the Galeb plans for property along Highway 85, north of the Southern Pacific Railway tracks, would be Jeopardized. George Kocher spoke in opposition to the proposed ordinance, indicating that Saratogans have tried to avoid shopping center development and that he believed that the general public would oppose additional commercial development on the north end of the City. There being no further comments from the audience, it was moved by Council- man Burry, seconded by Councilman Tyler, and unanimously carried to close the public hearing at 10:35 P, M, -4- City of Saratoga S~m~,ary of Hinutes - Jan. 4, 1967 Councilman Tyler stated that he felt. that the Riches Research, Inc. analysts indicates tile best method o[ beauf'ifying the area but that, in his mind~ the risks involved - signalizing intersections, traffic generated by a shopping centers etc. would be too great for him to Ord.NS. 3.1~approve this proposal. Rather than approve the most expeditious method Retail. of improving one section of =he C-S zone~ it was Councilman Tylerts Specialty feeling that it i~ould be better to follow Riches Research suggestions Shopping that research firms or similar types of business he encouraged to develop Center in that area. in C-S Councilman Herman reviewed the studies which have been conducted to zone determine the best use for developing and beautifying this area which has failed to develope as originally planned. The area, Councilman Hartman stateds is poorly developed. A year of intensive study has been given to the problems and experts consulted who reconauended that the area be opened up to include a number of commercial ventures. Therefore, he stated that he felt that the current proposal would be the most satis- factory solutian to beginning to upgrade and beautify the are . Councilm~n Robbins expressed reservations about certain phases of the Riches Research analysis and indicated that, although Nr. Garcia states that it Is his intent to develop the area in a manner that x~oula benefit the City, the City has no guarantee that this ~ould occur and he felt that the proposal is a piece-meal attempt at solving the problem in the area and is not a solution to the entire C-S zone problem. Therefore, Councilman Robbins stated, he would be opposed to approval of the ordinance in question. Councilman Burry stated that he had heard nothing that would Justify his opposing the Planning Coh~dssion recommendation that the ordinance be appr0ved. Huch times money and study has been given this matter, he noted, and concluded with the comment that he felt the Cosnell should approve the Planning Com~ission recom~ndation and adopt the ordinance. 'There being no further co~.~.ents, Nayo~ Glennon ordered the ordinance introduced and directed to the agenda for t~ next regular Council meeting. Recess: 10:55 P. H. Reconvevad: 11:05 P. M. VIII C0~.~UNICATI0~S Ao ~RITTEN (1) Mr, Hartlay read a letter, dated December23, 1966, from the PrOSpect R~ad Beautificatien Con~nittee, and noted that the City of San 3ose Prospect and the County of Santa Clara have referred this matter to appropriate Road committees for study, The letter was accompanied by letters from a Beautification ndmber of individual property o~mers a~d Home.. 'nets AssociatihnS in the area and it was indicated that more than 80~ of the o~ners of property adjacent to Prospect Road have expressed interest in the beautification of Prospect Road and a re-evaluation of the presently planned 6-lane future ~idth of the street, ~r~ Oskar ThUrnher, Co~Chairman Of tha Prospect Road Beautification Coumittee, spoke in favor of fhe proposal, With no objection, Mayor Glennon referred the matter to the Director of Public Works and the Plannin~ Director for consultation ~ith the City of San 3ose and the County of Santa Clara and report back to the City Council at the last meeting in February, S.3.W.W. (2) Mr. Hanley noted that the San Jose Water Works has filed an ranended fee increase application to the Public Utilities Commission relative to increased application ra~es, B. OI~AL None City of Saratoga Summary of Minutes - Jan. 4, 1967 ~,~ayor Glennon acknowledged, with apprecia=Ion, the presence of Planning Commissioner Kellum; Mrs. Wilberding, ~.~r. Macrae and ',!r. Metzger of the Good Government Group; and .~,Ir. Do~ Bush, representing the Chamber of Commerce. VIII ADJOURNMENT It was moved by Councilman Burry, seconded by Coonctlman Robbins and unanimously carried to adjourn the meeting at 11:25 Po M. Respectfully submitted, / ! / I',rILL!A~,X C. I{ANLEY, CITY CLEP~,'