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HomeMy WebLinkAbout02-01-1967 City Council Minutes S.AF~TOGA CITY COUNCIL SUMM3%RY OF MINUTES TIME: Wednesday, February 1, 1967 - ~:40 P.Mo PLACE: SAratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:40 P.M. A. ROLL CALL 'Roll Present: Councilmen Glennon, Hartman, Tyier, Robbins call Absent: Councilman Burry B. MINUTES It was moved by Councilman Robbins to waive the reading of the minutes of the meeting of january 21~ 1967~ and approve them as written ~ with a Minutes correction on page 3, Section VB, the last three (3) lines changed to read. o."at a public hearing held at the November 16, 1966 ~neeting of the Council consideration of the ordinance was held over to this meeting", motion seconded by Councilman Tyler and unanimously carried. II BIDS AND CONTRACTS A. AGREEMENT WITH M3~RK TItOMAS & CO., INC FOR FRUITVALE AVE ENGINEERING SERVICES Councilman Tyler read a report dated January 26, 1967 from the Public Wel- fare Committee which had revie~ed the proposed agreement with Mark Thomas Mark and Co., Inc. for Fruitvale Avenue engineering services. It was explained Thomas that the transition from four lanes to two lanes was made to save many Frtvl valuable trees and it is to the City's advant~sge to Join in with the en- Engrg tire project to enjoy the lower. percentage ~ate. The City Attorney aug- services gested the addition of clarifying infOrmatidn. to the contract. It was moved by Councilman Tyler~ secnnded by cou~diiman Hart~an; and carried unanimously, to authorize the Mayor 'to execdte the agreement with Mark Thomas & Co., Inc., for Fruitvale Avenue engineering services, subject tO approval by the 0ity Attorneyl B.AGREEMENT WITH CREEGAN & D'ANOELO - ENGINEERING SERVICES FOR SARATOGA VILLAGE PARKING DISTRICT NO. 1 Creegan Councilman Tyler read a report dated January 25, 1967 from the Publie D'A~gelo Welfare Committee recommending approval of an agreement with Creegan & Engrg D'Angelo for engineering services for the Saratoga Village Parking Parking District No. 1. Motion by Councilman Tyler~. seconded by Councilman Diet. Hartman, authorizing the Mayor to execute an agreement with Creegan & D'Angelo for the said services, subject to the approval of the agreement by the City Attorney; carried unanimously and so ordered. C. COATES, HERFUNTH & ENGLAND, CONSULTING ACTUARIES - CONTRACT FOR QUADRENNIAL INVESTIGATION ANDEVALUATION REQUIRED BY SERS SERS Acturial Mr. Huff stated that a quadrennial investigation is required by law f~r study all agenices covered by the State Employees' Retirement Law. Since the ~ast evaluation was. made as of June 30, 1962, a new study is required to June 30, 1966~ to be applied as of July 6 l, 19 7, and determines the rate a~ Which.-the City contributes to the Retirement System and affects the rate of the employees' contributions. The firm of Coates, Herfurth and England ~ill contract for this work at a cost of $127.00. It was moved by Councilman Tyler; seconded by Councilman Robbins; to authorize the Mayor to execute the agreement for acturial services with the firm of Coates, Herfv~th and England for the required study at a cost of $127.OO; carried unanimously. III PETITIONS, ORDINANCES AND FOPa~L EESOLU'IYONS A. BRDINANCE NO. 43 - Second Reading Ord 4S Ordinance No. 43 is an ordinance approving the annexation of certain anin- habited territory~ designated as "Hakone C~ardons" to the City of Saratoga° It was moved by Councilman Hartman; second. ed by Councilman Robbins; and unanimously carried to adopt Ordinsnee No.~ 43 on second reading. The CitD" Atto~.~ney stated theft this o~din.~nce ~ould_ be in effect ~O SARATOGA CITY COUNCIL MINUTES - FEBRUARy 1, 196~ III B. ORDINANCE NO. NS-3ol3 - Second Reading ~ Ordinance No. NS,-3~13 amends Ordinance NS~'3, the Zoning Ordinance ofthe City of Saratoga, by adding certain provisions to Section 16 in relation to conditional uses and adding Section ~-A=.8 to ~ticle r-S, Planned Com- munity District, relating to residential retirement facilities as a conditional use. Discussion among the Co~m:cil members deXeioped the general opinion that Ordinance MS-3.13 provides for a real need in the community for Ssa'atoga residents who have been and continue to'b~ active in local community ser- vice but General Plan study should be made in the forthcoming review of the particular problems of suitable locati6ns, density and construction controls and restrictions. The matter of whether or,not such retirement facilities cohld become exempt from prop~r~y taxes was clarified by the City Attorney~with co~mnents from Admiral Crisp, Planning Commissioner. Admiral Crisp added the opinion thaT, a's~i~able ordinance is already on the books for this type of development with only minor changes needed. Ord. NS-3.13 Upon request ~f Mr~ Ted Shebs, !95~0 Fa~we~ Avenue, Mayor Glennon read S~ctions I an~ II Of the propSs~d ordinance~ to identify for~he audience the portions 6f.the ordinance~he Council intended to ~eparate to accom- plish adoptinn of Section I, !Which is incidental to the retirement faci- lities portion Of the ordinanCe and was included only BecaUse the two matters came about coincidentally. The first section prim~ily clarifies that Use PermitS:are not a nmtterof right b~t a matter of grace, provided the required findings exist for denial of any use permi~ application. It was moved by CoUncilman Hartman for adoption of OrdinanCe NS-3.13 with the deletion of that portion of the heading relating to Planned Community Districts and deleting Section II in its entirety; motion seconded by Councilmen Tyler; unanimously carried end so ordered. MayOr Glenhob declared that the pres~n~ a~tion by the ~O~nCii did not in any way p~e~udtde Section II insofar as any future action is concerned. Councilmen Robbins moved that Section II of Ordinance NS-3.13 be tabled and referred to the General Plan Review Committee of the Planning Commission; secouded by Councilman Tyler; motion carried. Mr. Bob Mensor~ 18881 Artslay Place, was informed by Mayor Glennon that no further public hearings would be held on Section Ii of Ordinance NS-3ol3, but Nro Mensor's cooperation on any eommittee working with the General Plan Review would be most welcome, and publicity would be forthcDming before any more action on O~dinance MS-3.13 was taken. C. ORDINANCE NO. 38.1~ - Introduction Ordinance No. 38.1~ is an ordinance amending the City Code by amending Ord certain sections of Chapter 70 of the Uniform Building Code therein adopted 38.1~ by reference, relating to excavation and grading. With no objection, read- ing of Ordinance 38-1~ was waived on motion of Councilman Hartman; second by Councilmen Tyler; and ~manimously csrrled~ Mayor Glennon declared Ordinance 38-14 intrcducedo D. ORDINANCE NS-5.15 - Introduction Ordinance NS-5.15 is an ordinance amending the Subdivision Ordinance by Ord modifying provisions rels~ing to hillside lots and subdivisions and amend- MS- ing certain sections relating to the duration of tentative maps, and re- 5.1~ quiring Clerk's certificate on parcel maps. A general explanation of Ordinance NS~5.15 was given by M~. Huff and sev- eral points clarified by the City Attorney. No request was made by those present for reading of the ~dinanne~ and motion to waive the reading of Ordinance MS-5.15 was made by Couucilman Robbins; seconded by Councilman Hartman; carried unanimously and Ordinance MS-5.15 introduced. SARATOGA CITY COi]NCIL l~fii~Y~.'lS FEBRUARY 1~ 1967 E. RESOLUTION NO. 40-4 The Director of Public Works expla~n~d Resolution No. 40-4 aUthom-izes the Res. City Attorney to approve acceptance Of deeds s0~d grants in the absence of 40-4 a City Adminis~rato.v. Adoption of R~solution 40-4 was moved .by Council- man Hartman; seconded by Councilma~ Tyler; unanimously carried ~nd so ordered. ,~ . F. PETITION FOR TRAFFIC STUDY - ~,riIRTER LAEvE-~A~BERLAND DRIVE-VIA ESCUELA AND CHATEAU DRIVE RESIDE,.NTS M~. Huff read a letter signed by Mrb~ Fsrzan~ 2000~ Winter Lane, accom- panied by a petition with signattireS. of 22 residents of Winter Lane, Cumberland Drive, Via Escuela and Chateau Drive~ requesting the coopera'~ion of City officials in solving the ~roblem of excessive speed and dangerous driving in this area. Mr~ Huff stated that the matter had been discussed with the Santa Clara County deputy a~d also personally with Mrs° Farzan. Mayor Glennon explained that the usual procedur,e= in matters of this natm~e is to refer it to the Chi&f of Poll,de, lwho is th.en charged with the Traffic responsibility of c6nfer~ing With the Sheriff to decide on appropriate Study studies. Winter Ln :. ! -Chateau- Th~se preseht and pers6hally expressing the VieWs 'stat~d in the petition Cumberland ~e~e: Mrs~ Fsrzan, 20002 Winter. L.~ne~ Mr. an~ MrS. A1 TrapS, 19981 Win- Via Escuela ~r Lane; and Mr. Ted Furman, 20001 Winter Lah~ Upon request) Mr. Huff ~ad/the~ ~o~tents of th~ petition and Mayor' Glennon assured the petitioners that steps would be taken as soon as possible to initiate a study of the situation and suggested that the City be con- .~Scted withlh the next £ew Week~ ~0 check on developments. G. RESOLL~ION NO. SDR-476-2 : Res fiesolution NO. S~i~6-2 iS a ~e~lhtion acceptihg deaicati~ 0f r~ght- SDR- of way by Church of Christ Scientist on Lomita Avenue. Mr. Huff s~ated 476-2 that the required work has been accomplished by the Church of Ctu-ist Scientist and Councilman Hartman moved; seconded by Councilman Robbins, for adoption of Resolution SDR-476-2 and release of the Improvement Bond; motion unanimously carried. IV SUBDI~ISIONS~ BUILDING SITES AND ZONING REQUE.~STS A. SDR-619 - THOMAS B. FRYER SDR-619 Mr. Huff explained that all conditions had been met, fees paid and maps filed for building site approval of one lot on Saratoga Hills Road for Thomas B. Fryer. Motion by Councilman Tyler approving SDR-619; second by Councilman Robbins; motion carried. B. TRACT 3997 - GEORGE W. DAY Tr 3997 Director qf Public Works presented recommendation from Santa Clara Cou~cy for acceptance of Tract 3997 and con~encement of the one year maintenance period. It was moved by Councilman Hartman; s,sconded by Councilman Robbins to accept improvements for construction only in Tract 3997 and begin one year maintenance period; motion carried unanimous].y. C. TRACT 4167 - Saratoga Foothills Development Corporation TR ~167 Mr. Huff stated recommendation had been received from the County for release of the monnment bond for Tract 4167. Motion by Counciiman Hartman approving release of monument bond for. ~act 4167, Saratoga Foothills Development Corporation; seconded by Councilman Robbins~ motion carried and so ordered. V PUBLIC HEk~INGS None SARATOGA CITY COUNCIL MINUTES FEBRUARY l, 1967 VII ADMINISTRATIVE MATI'EHS A. MAYOR ' (1). Ma~6r ~lennon annou~ed~Y!~ meeting of~'the Intercity Council 0fi Intercity February 2rid in Cem eii aiscus 6f ABAO problems, and I rged Council any Council members ~i~in~ to attend t0?~e advance reservations. yor Glennan ience ' at!'more than forty ap li- cations have bean re6~v~d fSr the p6siti~n ~of City Administrator, the result of three advertisements. ~l~eliminary screening of the City applicants is being acCompliShed by~he Mayor and Councilmen, but Administrator it will probably be a ~ul~ month be~6re.a"selection is made. selection executive session of the Council is l scheduled~ directly following . this meeting for disdu~ion of pers6~nei matters. B. FINANCE ( 1 ) PAYMENT OF CLAIN~ moved by Cou 61 anseconded by Councilman Robbins, Payment to approve the list ~6f disburSementS.L dated February l, 1967 and of claims authorizing warrant~ drawn in payment~ for a t6tA1 amount Of $24,744.28; motion ~sr~ied unanimnusly. C. COUNCIL COMMITTEES AND REPORTS (1) The~Di~ector of Pubii~C Works read a report of the Planning Commission Sara Ave dated January 25, 1~67, recommending that the saratoga Plan Line, .as Plan lin~ developed by the Public Works Dept. be adopted as the Saratoga Avenue 0ffic~al Plan Line~. Without ~bJectioh, May~r Glennon referred the matter to the Planning Committee of the Councii~ (2') Publi~c Welfare Committ~e Reports Quito- (a) C0Un~ilman Tyler read a report from tt~e Public Welfer~ ~0mmittes McCoy dated ~ranUary 25~ 1967 outlining recommendations for ~he Quit0~ Sig~alizatio~ McCoy. signalizati0n reques~ f~om the Quit0 8~hool PTA. Mr. Huff stated that another conference with the PTA representatives will be held shortly, as meeting was scheduled with the City of San and the~ PTA this evening, and a decision could be reached when all phases of the situation were evaluated. (b) Councilman Tyler reported findings of the Public Welfare Committees Hakone on investigation of electrical wiring at Hakone Gardens and moved Gardens wiring to accept the committee's recommendation of an expenditure of $595.00 to rewire the caretaker's house; secnnded ~y Council- man Hartman and carried unanimously. Further recomme~adations will be made after investigation by the Fire Marshal. (c) Councilman Tyler presented the Public Welfare Committee's port dated January 25, 1967 on the Campbell High School District's Prospect Rd request for participation in Prospect Road widening. After a widening meeting with Wade Hover, attorney for the High SchoOl District, the Committee recommends that the Council delay action on par- ticipation in a Joint effort until completion of ~he current Prospect Road study enables it to consider this request in the light. of construction and financing plans developed in the study° (B) Poli~cy CommitteeI Reports (.a) Councilman Robbins read a report dated January SO, 1967 from the Policy Committee recommending partial acceptance of improve- Tract ~165 merits in Tre~ct 4165~. ~hen all cnnstruction deficiencies are corrected, in a form o~-~ partial acceptance to be determined by the City Attr~rnsy. The Director of Public Works was directed to so inform the Saratoga FoOthill Development Corporation. SARATOGA CITY COb~CIL ~YKN~rES I~BRUARY l~ 1967 (3) Policy Committee Reports (continued) (b) The report of the Policy Committee dated January 27, ]-967 regsrd- Wildwood ing policy for future uses of Wildwood. Park was read~' by Council- Park man Robbins. A request has been received from the Saratoga Rotary Club for use of the ps, rk facilities for an Art show. Mayor Glennon established that no improvements in the park are anticipated to accommodate such activities. Mrs. Raisa Kocher stated that it would be very difficult to present an art exhibit as planned unless considerable clean-up work was done in the park area. Councilman Robbins moved to accept the Policy Com- mittee's report; seconded by Councilman Hartman; motion carried unanimously. D. DEPARTMENT HEADS AND OFFICERS (1) Director of Public Works (a) Mr. Huff recommended to Council acceptance of Tract,~200 and it Tract 4200 was moved by Councilman Hartmah] seconded by Councilman Robbins and unanimously carried to acc~p~ improvements in Tract ~200 and cmmmence one year maintena~c~ period. (b) Director of Public Works advised construction acceptance of Saratoga Ave Saratoga Avenue landscaping, sin~e the 90-day maintenance period Landscaping by Barbaccia had terminated one january 23, 1967. Motion by Councilman Hartman; ~eConded by Councilman Robbins; and unan- imously carried to accept for cohstruction only the Saratoga Avenue landscaping project. (c) Mr. Huff reported that five bid~ .had been received for mainte- nance of the median strip !~andsqaping on Saratoga Avenue and recommended acceptance of the bid submitted by Green Valley Saratoga Ave Maintenance Co. of $670.00 per month for the balanc~ of hhe Median Land- fiscal year; With specs. t6 be drawn up for formal bid consider. .scaping ation for 1967-68 fiscal year. Preference was shown the Green Maintenance Valley Maintenance Co., not the low bldder~because of the quality of past services rendered the City in maintaining Civic Center landscaping. Councilman R0bbthS moved for acc~l~tance of the low bid of $600.00 by John P. Anderson. After furthe~ Council discussion, the motion was withdrawn by Councilman Robbins. Motion by Council- man Tyler authorizing the Mayor to execute a contract with the Green Valley Maintenance Co. for $670.00 per month, on a month~ to-month basis, for Saratoga Avenue median strip landscaping; ~econded by Councilman Hartman. Roll call vote: Ayes - Tyler~ Hartman, Glennon. Noes: Councilman Robbins; motion carried° (d) The Director of Public Works requested transfer of title of sanitary se~rs on Saratoga Avenue so District ~4 can take over Saratoga Ave maintenance of the operation. It was moved by Councilman Sewers Hartman that the Mayor be authorized to sign the transfer of title for sanitary sewers on Saratoga Avenue from City of Sara- toga to Sanitation District ~4; seconded by Councilman Tyler; carried unanimonslyo (2) Planning Director (a) Stanley Walker reported on a meeting this date in San Francisco with Livingston & Blaney, planning consultants, concerning the General Plan General Plan Review. He stated theft Mr. Livingston ~ill pro- Consultants vide a draft of a contract within the next few days foz~ review by the City Attorney and work ~.ll commence next week. The City staff plans to work with the consultants on a costsplus basis, cooperating in doing as much of the work as possible. SARATOGA CITY COUNCIL MII~O~A~JS F'EBRUAPj~ 1, 1967 (3) City Attorney (a) Mr. Johnston related that he had prepared and sent to the Coun- cil the proposed lease agreement for the Saratoga Youth Center, leasing the portion of the Civic Center site for building the Youth Center new Youth Center Building, with the City purchasing the building Purchase-Lease for $50,000, on the basis of a contract to purchase and lease. (b) The City Attorney also stated that the proposed license agree- ment for use of the Hakone Gardens by the Florence Crittenden H~one Gardens Home for establishment of an authentic Japanese tearoom on the tearoom basis of a franchise, had been delivered to the Council. Mayor Glennon referred these items to the Management Committee for review and report. E. CITY ADMINISTRATOR Expansion (1) ~Mr. Huff announced that an offer to sell property adJacen~ to Rakone Hakone Gardens had been received from ~rgaret DyeS. Without objection, Gardens Mayor Glennon referred the matter to the Poiicy Committeej (2) Mr. Huff presented a l~tter received ~om the California-Nevada Lutheran Missouri Synod ~oncerning pu~CHas~· of the property on Calif-Luth Fruitvale Avenue acrods ~he cree~ from the=Civic Center site, indi- 2!-3 Church ~ating a willingness to.~egotiatd a s~lling price for ~ acres land offer frontlug on Fruitv~le'Av~+ue, ih CoB~&Ctidn with expansion plans for civic center. Mayor. Glennon referred the matter to the Pb!icy Committee and directed Mr; Huff ~o again ~Sntact the ArchdioceSe in san FrahCisco regarding this Sale bf laud. (3) A letter received from R~nAld ciayton~ o~,mer of property at the northwest ~orner of FrUitvale Avenue ahd S~ratoga=Los Gatos Road offering t~ sell right~of-Way to the City, ~as read. Mr. ClaytOn Clayrod R/w has bee~ granted tentative building ~ite approvalby the Planning Offer Commission and conditiOned to set his house back 77 feet from the existing ~i~ht-of-*ay line. There~ore~ he is 'attempting to sell this right-of~way~ropertyto tHe]Cit~ at this.time. !May. or Glennon directedMr~'RUff to cdrr~spond withl&.. Clayton, advising that the City does not as yet.know how much property ~n addition to the ~edi- cation requirement will be needed, but furthe~ Cdntac~ will be made when plans for Fruitvale Avenue are completed~ viii COMMUNICATIONS A. WRIT1EN (1) Mr. Huff read a letter from the Saratoga HorticulturalFoundation inviting the Council to Board of Trustees meeting On April 18, 1967 to include a tour of the Foundation. '(2) A communication has been received from the League of California Cities announcing the February meeting of the Peninsula Division to be held February 23 at Plateau 7, San Jose. (3) Letters were presented from the cities of Santa Clara, Los Gatos, and Palo Alto regarding ADAO proposal for expansion tl~coughRe- giGhal Rome Rule and Development of theBayArea. (4) Mr. Huff noted a letter received from Senator Kuchel requesting Council attendance of the Public Land Law Review Commissio~ in Fresno and Palm Springs in February. (5) Notice was received from the City of Campbell of a Congress for Community Progress on February 137 ! 6 . 97 (6) California Roadside Council communication was received requesting cooperation of City Council in supporting opposition to Sec. 131(g) of Public La~ 89-28~ the Highway Beautification Act of 1965. SARATOGA CITY COUNCIL MI~UJTES F~BRUARY 1, 1967 A. WRITTEN COMMUNICATIONS (Conti~ue~i. (7) Mr. Huff said a letter had be'~n ~eceived from Cablevision Corpora- tion addressed to CouncilmSh.~burry presenting the applicant's desire to demonstrate the quality of its service and requesting consider- ation of the CATV franchise be delayed to the first meeting in March. B. ORAL CO~AYNICATIONS None : Mayor Glennon extended welcome to MasseS. Wilberding, Good Governmeant Group; Howell~ Chamber of Commerce; and Pasetta# former Planning.Commissioner; apprec- iation to Admiral Crisp aS~ representative ~ the Planning C0mmissiOn~ and Miss ~uth 0wen of the GOod Government Group for S'erving of coffee. ik ADJOURE~ENT Motion for adjournment at 10:0B P:M~ by 6ouncilma~ Tyler; ~ecnnded by Councilman Hartman; unanimously ckrried~ RespectfUliy submitted, "'~ '~ ' 'CITY CLERK ~'msf