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HomeMy WebLinkAbout01-18-1967 City Council Minutes SARATOGA CITY COUNCIL SUla~ARY OF IaNUTES TINE: Wednesday, : January ~18', 1967 -- 7:30 P~ H.~ PLACE: Saratoga City Council Chambers, 13777 Frui~Vale Kve., Saratoga, Caiif. TYPE: Regular Meetin~ ORGANIZATION ~ayor Glennon caiied the meeting ~o order a~ ~:30 P; A. ROLL CALL Present: Councilman Glenn0n~ H~rtman, Burry, Tyler, Robbirth Absent:. None B. NINIF/ES It was moved by C0uncilman Robbins, seconded b~ C0unciima~ Burry, and' Hinutes unantmoasl~ carried to waive the reading oi the January 4~ 1967 minutes and approve them as ~qritten, II BZDS AND CONTRACP3 A, PROPOSAL F~0M ~K THONAS ARD CO., INC~ FOR E~GINEERING ~RVtCES ON FRUItALE AVEIfl~ Mark ~homas- Withno objections Hayor Glennon deferred action on th~s item until Fruitvale ave. the arrival of the Director of Public Works at the meeting. end. service Ill PgTITIONS, ORDINAlICES AND FORNAI. RESOLUTIONS A. ORDIRAHCE NO. 38.13 - Second reading '- TAXICAB REGULATIONS Ord.38.13 The Clerk stated that public hearing was held ;on this ordinance at the Taxicab last meeting~ and a~ter'-.being reads was introduced. It was moved by ReSulatione Cotmcilman Burryk seconded by Councilman Robbins to adopt'Ordinance No. 38.13, regulatin~ tax!cab service in the /kfter brief discussion of a~ point previously raised by Councilman Tyler regsrd~n~ the possibility that the ordinances as wittens '~ might create undue hardship on the existing one-man t~xicab operations in the City, during which the City Attorney advised that a taxicab ordinance is a form of business license ordinance and can not be discriminatory but that the' particular situation referred to could be handled effectively by the Certificate of Convenience provisions oi Section 4-308. The Hayor called for ~he question and the motion carried unastrN3usly to adopt Ordinance 38~13. 'It was noted ~that of the two e%ist~D~ ~taxiCab services currently operating in Saratogas one has expressed the intent to go out of busineSS and the other .one- man operator yes present at this v~eating and expressed no objection to the ordinance as ~frittan. B. ORDIRARCE N54,14.. - Second reading - AMEND~NT TO THE ZONING.. ORDINANCE INCLUDING PROVISIONS WHICH WOIILD ALL(Y~ RETAIL SPECIALTY SHOPPING CENTER AS A CONDITION USE IN ~HE C-S ZONING DISTRICT Ord. NS- C-S zone - The Clerk reported that public hearing was held on this ordinance Additional at the last meeting and that now is the tim~ for Cooncil considera- conditional. tton of adoption 0f the ordinance. uses. Councilman Robbins connnent.ed that he had thoroughly revieVed this matter since the last meeting and that he felt that, as a matter pollcy, the Council should consider the entire C-S zone question as one packsilo, at the risk of possibly losing a potentially good deva!opment for on~ portion of the C-S zone. It was Councilman Robbtr~~! ~ealing that more study should be given to the area than was possible by the Riches 'Research analysis and that no action should' be tal~en to charge the zoning uses at this time bu.t' the question should be studied further as soon as possible so the entire concept of C-S zonin~ can be considered in con3unction ~ith the pendinc~ General Plan review. SAPATOGA CITY COUNCIL MINUTES - dA_~JARY ~f~'.~ 1967 Councilman BL,~.~ry sta~ed that his accidents at the-time ~of the~publ~ hearing s~:ill apply as he thinks the proposed o~dhance would development of a sui{~eble type for the northelm entrance to the Cit~r and ~hat ~e s~ii! supports the Planning C, cmfssion and Riches Research~ Ync~ findlogs m~d recoEendations for the addition of retail shopping center to the C-S z~ning district conditional uscs~ Councilman Hartman ~xpressed his confidence in the studies conducted by the Riches Research~ ~c~ City Council Pianni~ and CoEittee~, and the .~ubsequent reco~anda~lon By the entire PtaDniug 0rd. Co~ssion that a comFz'omlse betwa~n the Riches Reseerch reco~e,~dation NS~3.14. that the enidire C~S zone be opened up to llgh~ industrial use and the C-S zone Co~j.tteea~ feelings that the presently proposed development would Uses se~e as a catalyst to set a pztte:~n for the rest of the area to fellow~ It was~- therefore= Councilman Hartman's feeling tha~ the City Council should concur with the Planning Cobb. as!on and adopt this ordinance~ Councilman ~ler indic:/ted that he falt~ as a~pressed by Councilman Robbins~ that a specialty shoppi~ center of the type proposed is an expeditions manner of developing a ;~1]. portion of the C-S zozxe and that there is no guarantee that It ~oula be an asset to the City and it was 'his opinion that it could well. be de~:tmentat and that further study of the C~-S zone question shoul,] bd made, with c~eful review; when the citizens opinions regarding any l'~v~sion to the General Plan are ava!~abte~ It was moved b~ CoUnc~.lma~ Tyler and seconaed by CounCilman Robbins to override the Planning tomlesion reco~endati0n and deny No. NS-2:~!4. ~he motion tied on a roll C~il v~te with C0nIici].men Robbing ~d ~ler vo=i~g for denial ~f the ordinauc~; C6u~ilmen Buzry and Hartman voting ~ainst denial af the Ordinance and Glennon abstaining~ ~e Cl~ly Attorney advised that as no affimative action was taken by the Couucil to adopt the Ordinances it is not passedo ~yo= Glennon then explained that he had abstained because of a possible conflict of interest in that he recently joined the law rim representing ~. Garcia~ the developer of the property in qnestion~ but that he would no~ publicly state that he opposed passage of this ordinance at this time. In spite of his feelings that ~% Garcia would develop the area in as fine a manner as possible~ Mayor Glennon agreed with Councilman Robbing and ~ler that such an important area which could be drastically changed by this ordinance. shoulds for the best interests of the co~nity at larges be a ~tter for more extensive study by profession! planners and the comunitys along with the kind of appr~al that follo~,xs an extensive General Plan review. C. ~SOLUTT(ON SDR-345-2 Res. It was moved by Councllman Hartman~ seconded by Councilmn Robbing SDR-345-2 and carried unanimously to adopt Resolution SDR-3f~5-2, accepting Ac,=ept. the stree~ improvements constructed in connection with SDR-345, St. Street ~changel ~chael Ser~ian 0rtbodox Church; ~d to authorize that improve. the improvement bond be released. D. ~SOL~EX0N SDR-466~2 Res. SDR-466-2 Accepting It was moved by Councilmn Burrye seconded by Ccunciiman Hartman, St. Improve~ and carried nnani~n~ly to adop~ Resolution SDR-~66-2, accepting Cup. School the streets constructed in co~ection l. Tith school construction by Diet. the Cupertino Union School District and to authorize release of the, improvement bond posted for ~his work. SARATOGA CITY COUNCIL IaN'~ES - JANUARy~t~, 1967 IX BIDS AND CONTRACTS (Continued from earlier on a~enda) A, HARK THOMAS & CO. INC. PROPOSAL FOR ENGINEERING SERVICES ON FRUITVALE AVENUE. Fruitvale At the request of the Director of Public Works~. the Mayor, with no Ave~ End. objection, referred this proposal to the Public Welfare Committee Services for review and reco...~dation. IV SUBDIVISIONS I BUILDING SITES AND ZONING REQUESTS SDR-660 A. SDR-660- B. T. CALEB B.T,Galeb Mr; Henley reported that all conditions have been mats fees paid and bonds posted for building site approval for one lot (previously two parcels) located at the north-eastern intersection of Seagull Way and Highway 85s with the exception of an encroachment permit from the State Division of Highways and that this condition is contingent on the final en~tneerin~ details for the improvement of this section of Highway 85, It was explained that this parcel has always been Zoned C-N and is zoned in conformity with the General Plan. ~he Clerk further explained that although this parcel is not a part of the. recently fezchad area which is also owned by Mr, Galeb, one Of the conditions of approval for the development of this properi'y is that the substandard d~ellin~ units located on the recently fezcreed area nearby, be demolished and the area put in a clean and sanitary condition, Hayor Glennon expressed concern that the substandard structures still' remain and Mr, Menards Architect representtn~ the applicants advised tha.t 5 of the approximately one dozen structures have already been removed, It was moved by Councilman Burry.. seconded by Councilman liartmnn and carried unanimously to adopt Resolution No, SDR-660~l~ subject to satisfactory conformante with the condition requiring encroachment permission from the State for Highway 85. V PUBLIC HEARINGS A. HAKONE GARDENS ANNEXATION Hakone Mr, Henley reported that notice of public hearing on proposed annaxe- Gardens tion of the uninhabited property consisting of approximatly 16 acres Annexation contiguous to existin~ City boundaries and known as "Hakone Gardens" Public has been published accordin~ to law and that now is the time and place Hearing. for public hearing of protests, Hayor Glennon declared the public hearing opened at 8:30 P. M. and asked if anyone present wished to speak, either In favor or against the proposed annexation, No one present did so and the Clerk reported that no ~r~'itten protests were received iu reapcuss to notice of public hearing, There being no further comments, it was moved by Couneilm~- Bu=ry~ seconded by Councilman Robbinss and carried unanimously to Ree.347-A close the public hearin~ at 8132 P, M. It was moved by Councilman EstablishinS Hartman~ seconded by Councilmen Burry and carried unanimously to lack of adopt Resolution 3~7-As establishing lack of majority protest to majority the proposed annexation of "Haknne Gardens"° protest Councilman Burry moved, seconded by Councilman Tyler to waive the Ord,&3 reading of Ordinance No. 43s bein~ an ordinance approVin~ the Annexiu~ annexation of .certain uninhWoited tsrritorys designated as "Hakone HaP. one Gardens"s to the C~.ty of Saratoga. Mayor Glennon directed the Gardens minutes to indicate ~hat the Ordinance was -introduced upon the =eadin~ of the full title by the Clerk., B. ORDINANCE NS-3,13 Ord, Mr, Hanley reviewed the history of the proposed amendment- to the NS-3,13 Zoning Ordinance providin~ for retirement facilities as a conditional Retirement use in 'any Planned Community District .within the City and reported Facilities that s a~ter .duly net!cad public hearings before the Plannin8 Conn=lssion in P-C and arguments heard, bo~h in opposition and in favor of the proposed Districts ordinance: at~._..ap~ub.~e hea..rin~~h~eld at the,,l~~meeting of the Council, ~as~"~,~a~ion ~f ~ 6ra~a~ae was r~ala ~ o~,er to this SAI'~kTOGA CITY COUNCIL MXN[._v~ES - JANUARy~, 1967 Mro Han].ey} in a;za!yzing the s'.'udies and hearings held on this matter ad-~!ued iX:at l:!il~ ordinance would prevlde for the development of retirement facilities~ under a Use Pel~nit, in Planned-Co~_~neni~:y zones and e:~.p'lained that P-C ~.oues may be comb!ned with ~y o'~h3;c zoni~ dist'riu~s in the City ~d are a]:(~ays cond!tiona!~y zoned districts subject to continuing control and restrictions ~ the City. Mayor Giennou declared the public hearing ~opened at 8:48 P. and asked if amy one present wished to address the Co~cil regarding O~.NS-3~13 this proposed ordinance~ ~. Ted Shebss 19520 Fa~.xell Avenue; 1~. Peter Passira, 20251 Saratoga- ~e Gatos Road; 1~. Fj. les ReDkin, and Mrs. Start Marshalt~ 19206 Oaks Way~ exin'essed opposition ~o the ordinance on the basis that full Ceue~al Plan review should be rode to pinpoint locallions suitable for such development and establish criteria for density ~d ~:onstruution~ M~. ~crea~ representing the Good ~vez~ent Group~ expressed c3~mern of the G~ regarding ~he height of structures pel~t~dunder this ordinalme and ~yor Gle~on e~lafned that hhe clanse under 4A-8(d) would qualify any high '~ise siEuation and full control would be within the 3uri~dlction of the Planai~ eo~{ssion. ~. ~rney Rosescos Aloha Avenue; Dr. Sam Boe~e; Charles H~ Chai~an of the Special Co~ittee appointed by the Mayor to study retirement needs in the co~nity; bk% Herbert .Re,nor; and Dr. David ~Kell spoke in favor of the proposed ordinances pointing out that the ordinance would provide for needed~ well controlled retirement facilities ~.~hich would serve Saratoga residents =~ho have been and continue to be active in se~ing the comunity and would be in character with Sarat0ga's concepts of density ~d high st~dards for residential development. ~. Robert Planes Fanqeil Avenues questioned whether or not retire~nt facilities would nots u~lder existing ordinances~ be limited to 40s000 or R-M zones and the City Attorney advised that as the proposed ordinance provides that retiremot facilities could only be constructed in Planned-Co~unity Districts and present ordinances provide thst districts are !~ited to R-1 or R-M zones, but ~'. Johnston also pointed out that Planned-Co~ity Districts ~st be so zoned by due process and that any zone in thu City could apply for re-zoning and each application is co~idered on its o~ merits. ~ere bei~ no further co~ents from the audiences ~yor Glennon directed ~he file ~d all da~a~ correspondence received prior ~o since last he~i~ im=rod~ed into the reuord '~ evide~. ~pies of all c~espoMence received since t~e lee[ ~eti~ have been provided to each Council ~mber~ the ~yor noted. ~e City Attorney pointed out that the first section of Ordinance NS-3.13 is incidental to the retirement facilities portion of this ordinance and w~ included only because the two mtters u~ about coinci~entall~. explained that the first secti~ primfly clarifies that Use Petit, are not a mtter of right but a ~ter of grace, provided the required findi~s ~fst for denial of any use pe~t application. ~is portion of the ordinance should, the City Attorney advised~ be adopted regard- less of what the Council decision may be ragardi~ the rest of the ordfnance. It was moved by Councilm~ Bur~ seconded b~' CounU~lmn Robbins and un~ously carried to clo~e the public hearl~ at 10:13 P. M. ~yor Gle~non directed the ~ecord to' indicate that public heari~ was duly held on proposed Ordinance N8-3.13 and the ordinance introduced. ~NIS~TI~ b~ERS A. ~YO~ (1) Fay~r ~lennon anDounced that he will represent the City Coun~ll County-wide on the County-wid~ Policy Plan. lug CoM{ttee. with Planni~ Policy' Cc~issioner Jerry A. Kasner representing the Planning Cor. l~i~:tee Co~ssion~ SARATOGA CITY COUNCIL MINDTES - .IANrGARY 18, 1967 (2) Nayor Glennon presented~ with pleasure, for Council consideration, Dr. Norton the re~appolntment of Dr~ ~eodo~'e Norton and Dr. W, E, Kellum Dr. Kellum to feur year ~e~r.n~ on ~he Plaxtni~ C~!~mission and no~ed ~hat both re-appointed Commissioners present terms will ~xplra on January 21, 1967. to Planning it was moved by Councilman Robbins, seconded by Councilman Burry, Commission and carried unanimously to reappoint Drso Norton and Kellum to the City Planning Commission for the four year tam expiring january 22~ 1971o (3) Mayor Giennou noted that many item have been discussed during recent meetings which point tO the need fo proceed as soon ns Livingston possible with the complete revie~ of the General Plan which was and Blaney - held up last year because of the West Valley junior College General Plan District indecision regarding the use of the Saratoga campus Review site. Now that this question has been resolved, the Mayor Contract urged the employment of the Planning Consulting firm of Livingston and Blaney, who originally prepared the City's General P!~n° Mayor Glennon outlined the scope of services which LiviD~ston and Blaney propose to provide, and indicated that extensive review would follox~ the original General Plan method of selecting a large citizen~s committae, working closely with City staff and would cost approximately $35~000, for which 701 funds are not likely to be available' for some time. The Mayor stressed the need for a general. review as soon as possible and indicated that present 701 funds to share the cost burden have been allocated already, at least ~hrough the next fiscal year. The Councll discussed the cost involved and the Staff advised that if the Council wishes to proceed on the basis Of initiating the General Plan review as expeditiously as possible, that the entire project can possibly be completed In about 9 months time, with the present Planning Staff doing much of the background work for ~he first three months, at a'probable savings of up to 15% of the total cost of the project, Mro Han!ey pointed out t~at $18~000, has been budgeted for this fiscal year for this review and that these fufids ~Till cover the cost of the work which ~ould be completed during the balance of this fiscal year, The Council Concurred ~hat the General Plan review should proceed as quickly as possible and it was moved by Councilman Tyler, seconded by Councilman Robbin~ and carried unanimously to authorize the Mayor to execute an agreement with Livingston and Blaney for an amount not to exceed $35,000, said agreement to be dra~m in accordance with the proposal set forth in Mr, Livingston~s letter dated January 12, 1967, B, FINANCE Bills (1) It was moved by Councilman Hartman, seconded by Councilmau Robbins, and carried unanimously to approve the list of disbursements dated January21, 1967 and authorize that warrants be drawn in payment for a total amount of ,22,832,05. (2) Tne Treasurer's report for the month of December, 196~, wes Finance received and directed to file, with no questions. Reports (3) The City Clerk's financial report for the month of December, 1966, was reviewed and directed to file with no questions. (4) The second quarter budget report of revenues and expenditures Qtr. Budget was acknowledged for Council study. Report G. COUNCIL COMMITTEES AND REPORTS (1) Cotmcllman Burry reported tha~ the Management Co~snittee had Street reviewed a staff prepared street sweeping study and recommends Sweeping that the study, dated January 13, 1967, providing for the Program establishment of a minimum sweeping program, be adopted. tni ~iated It was moved by Councilman Burry, seconded by Councilman Robbins, and then unanimously adoptedto approve the Committee report as set forth in the above referred to study, (2) Councll.~mn Burry reported that the Management Committee had SARATOGA CITY COUNCIL MINUT~ - JANUARY .i'8~., 1967 reviewed the request frm the C~t yts ~ccmmtmut, Bill for an increase from $300. per month to $395° per ~n~h C~.~ ~ccounti~ se~ices and that the Co~ttee recap,ads that Contract ~he request be graced, starti~ J~ry l, 1967, ~ contin~ Addend~ at that ~ee ~til ~y. At ~hat ti~ a ~ull annual cycle will have been cvmFZeted ~d t~ inngaunt ~mlttee :rec~nds that the rate for fiscal ~ 1967-68 ~ set on the buis revi~ at that tim. I~ ~ ~ed by Co~cilmn B~, escaped by Councilran ~bbins and ~l~usly c~ried to authorize the ~yo~ ~o execute ~ 8ddend~ to ~e acco~t~ contract which the City h~ with ~. ~ts~to to reflect t~ incense rec- C~nded by the ~e~nt D. DEP~ IS ~ O~IC~S Villqe (l) ~e ~rector of hblic Wor~ req~sted refe~al o~ a proposal ~arkt~ tr~ Cree8~ a~ D~elo for e~tneerl~ seffices for Villqa Dist.No.l Farki~ District No. I to ~ appropriate C~ittee ~d~ ~th ~ise~l~s no objection, ~yor Cle~ rat,fred the mtte~ to the ~blic Welfare ~ttee. ~4~65 (2) ~t t~ request Of the DiretEar Of ~bZic W~ks, the ~yor partlaX referred to the Policy C~ttea a rottar i~lvi~ p~tial a~e~C~ ac~pt~a ot ~pr~nts ~ ~C 4165. SDR-545 (3) It vu ~ed by Co~cil~n Har~, 8ec~ed by Co~il~n Wilds - Bur~, and uMn~m~ly carried to authorize telsue o~ the B~d release !~rovemut bond posted by R. B. Wilds in co~ection with the (~) ~e Dir~tot o~ ~blic Wor~ S~ S brie~ proStess ~port relati~ ~os~t ~, to ~os~ct ~d be~tification a~ i~icated that initial steps ~auti~ieat~u h~ve b~en t~en to a~a~e meti~s ~or discussion of this ~rese project by the various a~encies R~rt (5) ~e City Att~7 reposed t~t the City is still boldi~ ~e Sara. A~. ~My for ~nt o~ te-st~i~ ~ b ~rstoSa Av~e ~c~e~tion d~M ~ project ~ nquest~ ~osi~ to ~t~t ~th ~ re-st~ De~elo ~ ~o F, Piazza Pavi~ C;auy (~o have a dispute costs re~di~ ~e allocation of this ~ey) in an ef~t to resolve the p~blem ~ clear t~ Cityes ~c~ts, It wu ~ed Co~ci~ ~t~, sec~ by ~i]~ h~, A~ ~m~ly c~ied to ~tborize the City ~to~ to pt~eed M outli~d, ~ (6) ~e. PI~ Diretar re,fred tht ~ ~ ~te~ed a S~ Jose ~Z~n~- PI~ ~ssion ~ti~ ~u they ~te co~ider~ the ~ee ~sc r~e application of J, J. P~ ~or re~t~ o~ property at ~os~t ~ ~llet Av~s ~ that the h~ d~ed ~e e~i~ by a wte of 5 to 2, E, CI~ (1) ~, Willira C,. H~ley re~ a letter, dated j~[m~ 9, 1967, ~.C.~ley ~omrly su~tttn~ hie pre~sly orally stated- res~t-ie tes~Mtie u City ~serator-Clerk to ~cept t~ position. of ctey ~er of t~ City d ~t~ley, Califo~. B~ ~eds .~th si~ere reSnt, to accept ~, H~leyes tesiBMtion,. ~i~, Ha~mn se~d~ the ration,- ~ith an ~ressiu o~ regret ~ t~ ~tion ceased ~th t~ ~st ~shes of the Council,. ~ ~.~ of the O~ficials, staff ~ City, ~or a ~st successful ~uture ~th the City of ~r~ley.. C~~ONS A. ~I~ C~ll (1) With ~ objection, ~r Gl~n ufe~ a letter from ~1 ~st. ~e ~r nlative to ~r~nts to ~6~ct bd ~os~ct ~, adJ~ent to the C;bell H~h Sch~l DistriCt sib, to ~r~,e. the hblic ~el~are Co~ittee.. SARATOCA CITY COUNCIL I~/NUTES -January [~']s 1967 Rotary Club (2) A letter f~'om the Saratoga Rotary Club requesting use of request for 14ildwood Park for their annual art show was referred to the Wildscod Park Policy Committee~ with the request that the Director of ~blic use ~or~ contact the Pl~d Control ~strict and ad~se the Co~ttee of the District*s c~t~pla=ed pla~ for the area. Quito-Vessi~ (3) A letter fr~ ~roy A, Br~ relative to the quito-Vessi~ Rd. intersect. Road intersection was su~itted for Co~cil infomtion with the report that the Director of ~blic Wor~ is investi~ati~ ~he probl~ fr~ a traffic safety studpoint, GGG re (~) ~e Co~cil acknowledged copies of a letter from the C~d ~vern- G.P.revie~ ~nt ~oup ~ferin$ their se~ices duri~ ~he forthc~ General PI~ r~i~. ~s Gates (5) An i~itation wan ~ledZed fr~ the T~ of ~s ~tos ope~ ho~e to attend their Jan~ 28s 1967 o~n house. Cheer of (6) ~e Council also received copies of a letter from the Szato~a C~ree Cheer of ~rce requesti~ that they ~ allured to sub~t~ re G.F. for ~cil considera~ion~ hams for future ~p~intees to the review and City Pla~i~ Comiselon~ ~d also aski~ to ~ rep~sented on Pla~ Corn. the ~neral PI~ citizens c~mittee. Appoint. B. ~L qUi~o (1) ~yor Giennon requested the Director of hblic ~orks to check ~ibra~ the li~htin~ situation in the vicinity ~ the Quite Library. LiSh~i~ (2) F~yor Clench acknowledged, ~ith pleasures the presence of Planni~ Co~ssion representative ~m. ~Fall, Pla~i~ Comissioner Crisp~ ~oner Planni~ Co~issioners AriSen ~derson and Peter J. Pasetta, fo~r Co~il~n a~ ~ief of Police Barney Rosaace, ~d concluded his c~ents ~ith best wishes to ~. a~ ~s. Paul H. Gardiuer. VIII ~JOe~ It waswved by ~uncilmn Burry, seceded by Co~cilmn Robbi~, ~d uun~usly ca~ied to adJoum the ~etin~ Respectfully submitted~