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Home My WebLink About04-19-1967 City Council Minutes SlIMMAR OF MIiYOTES Y SARATOGA CITY C0DI'ICIL APRIL 19~ 1967 TIME: Wednesday, April 19, ].967 - 7:30 PM PLACE: Saratoga City Council Chsmbers~ 13777 FruitVale Avenue, Saratoga~ California TYPE: Regular meeting I ORGANIZATION Mayor pro tem Hartman called the meeting to order at 7:)~0 P.M. A. ROLL CALL Present: Councilmen Hartman, Burry, Hobbins, Tyler Absent: Mayor Glennon Bo MINUTES It was moved by Councilman Robbins, seconded by Councilman Burry, and unani- Minutes mously carriedi to waive the reading of the minutes of April 5, 1967, subject to correction of Item IV-B., SDR-665, Westhope Presbyterian Church, line 12... deletion of...Councilman Tyler withdrew motion;...and approve them as ~-fitten. SPECIAL APPEARANCE - GIRL SCOUT PRESENTATION TO CITY Representatives from Girl Scout Troop 276 of Saratoga, accompanied by their Girl leader, Mrs. Katherine Anderson, presented a ceramic tile replica of the Scouts .City Seal created by their troop, to the City. Acceptance was made by Mayor pro tem Hartman, who expressed the appreciation of the citizens of the City of Saratoga to the girls for their gift. He also thanked the Girl Scout troops for stuffing and labeling the Saratoga Annual Reports for mailing. II BIDS AND CONTRACTS / None III PETITIONS, ORDINANCES AND ZONING REQUESTS A. ORDINANCE 15-J - CITY ADMINISTRATOR . Ord. Ordinance No. 15-J, an ordinance establishing salary for the City Administrator 15-J was read by Mr. Huff. Mayor pro tern Hartman declared Ordinance No. 15-J duly introduced on the first reading. B. RESOLUTION NO~ 355 - MALCOLM AV~NUE Rss. Mr. Huff read Resolution No. 355 and explained that the street name, Malcolm, 355 was incorrectly recorded on the final map for Tract 3101. A'polt. of the resi- dents on that street indicated the majority in favor of changing the street name to Malcolm Avenue to correspond with the street signs posted° Motion by Councilman Tyler; seconded by Councilman Burry; and unanimously csa-ried, to adopt Resolution No. 355. C. ORDINANCE NS-3-ZC-3~ - REZO~NG - COX AND CUMBERLAND Ord. M~. Huff erplained that this was the second reading of Ordinance No. NS-3-ZC-36, NS-3- anordinance rezoning property at Cox and Cumberland Drive from A to ZC-36 that the ordinance had been introduced at the April 5, 1967 meeting smbse.Euen~ trr. a public hearing held following receipt of favorable recommendgbion of the Plsnnlng Commission. Motion by Councilman Burry; seconded by Councilman Robbins.~ and unanimously carried towdive reading of Ordinance No. NS-3-ZC-36. Council- man Barry moved; seconded by Councilman Robbins; for adoption of Ordinance No. NS-3-ZC-36; unanimously carried and so ordered. IV SUBDI~SIOI,iS~ BUI!Z)ING 8ITES~ A~D ZO~%D~ REQUESTS A. SDR-670 - DOUGLAS NINES Mr. Huff explained that Douglas Rines was appealing Condition II-J of the SDR- Building Site Committee Report of E]gbruary 14, 1967, .SDR-670~ r~quiring un- 6?0 derground storm drainage across the driveway access for One lot on Sobey Road. Hines The Planning Commission consideration of this appeal on April 1Oth, resulted in a split vote, with One Commissioner abst~ining. The C~mmlssion recommended that the decision be left to the City Council. Mr. Hines; now residin~ st SUmmARY OF MI~jTES, SARATOCA CITY CO~3NCIL, APRIL 19; 1967 pg IV A. SDR-670 - DOUGhideS ~ES (Continued~ 5593 Vassar ~ive~ S~n Jose, appeared to protes~ the requirement of Condi- tion Ii-J on the basis tha~ he ~ould incur cousiderable expense for done on adjoining property; that he wou~d be ~lling to comply ~th the quirement of inst~,la%~ion of the ~r~ter on his ~ proper~y~ but he does no~ want to rep~i~ a faulty condition on an adjacent ~ner's dri~w~ The Council ~-,sed that it would be neeessay for s ~om~ttce to ~ew the pro- SDR~, party before a decision could be reached~ Mayor pro tam Hsrtm~ refer~,ed 670 the totter to the hblic Welf~e Committee~ and i~ermed ~, Hines th~ he Hines ~'as welcome to attend the comtttee meeting ~d would be notified of the ti~uz~ B. SDR-680 - DON L~PAVA - DEBBIE E ~ Huff reported that ~ Ljepsva is requesting modification of Item 8, Condition II of ~R-680, requirin~ pa~ng and e~b ~d gutter on the cul,-de- sac extension of Dabble Lane. The Planning Commission recommends denial of this request. He read a letter from Mr. J'~es ~ser to the Planning Com., SDR- mission dated March R0, 1967,, outlining this request in ~iting. Mr. Kaiser 680 of ~cKay ~d So~s~ engineering firm, a~esred to represent ~. Ljepava. Ljepava He stated that ~-. LJepava wants to keep this a private road, as his resi- dence is located on this street and as such, asphalt paving is not necessa'cy~ also~ since there ere no grade p~oblems~ c~bs ~d ~tters should not be re- quired. The road is not of s~ficient ~idth to be ~dicated as a city strest~ so public Btreet~.requirements should not prev~l here. ~. Pi~f maintained that this is ~ extension of a City street ~d, for the protection of pres- ent ~d fut~e residents, should be of the same qu~ity, to prevent minte:- namce problems, common on private roads, This is a f~ther development cf the subdivision located on Debbie Lane which 1~. L3epava ~dt~eld for his o~ residenap and he n~ proposes suballUding the property into ad~tion~ lots. The street is too narrow for acceptance as a City street~ but if ac- cept~ce is proposed in the fut'~-e~ additional right-of-~ could be dedicatedo Councilm~ Ty].er moved; seconded by Co~cil~ Bobbins; for apFov~ of Planning Cornlesion recommendation for denial of request for modification of Condition II-B~ SDR-~0~ Coxmcilman Bu~ opposed; motion c~ried. C. ~ACT 37~6 - BR~T~iE ACES TR Upon recommendation of Santa Clara Cotmty engineers that monuments in Tract 3746 3746 were acceptable, Co~ctlm~ B~ moved~ seconded by Co~cilmsn Robbins; for release of $825.00 monument bond for Tract 3746; motion c~ried un~imousl:5; ~CT 4123 - B0b~I~ ACES ~. Huff stated monuments in Trs, ct 4123~ Bountiful Acres~ had been checked TR and found acceptable by Santa Cl~a County engheers and i-ecommended aecepb~ 4123 ance. Motion by Councilman B~ry; seconded by Co~ih~ Robbins; for re- lease of $550.00 monument bond for Tract 4123; motion carried unanimously. E. C-83 - ST~LITE IDES C-83 is a request for a one ye~ extension of the conditional zoning~ R-l-~0~O00 E. ~. Huff explained that C-83, St~lite Homes, was fonaerly C-83 the property of the Hamilton Development Co., ~.~xo had proposed a planned coEunity of eighty acres, to include riding stables, trails; eta. The o~ers need adequate time to refi!e subdivision tentative maps and they would like the time limit extended to provide them the same time to develep as the original time limit. This time extension has been approved by the Planning Cornlesion. ~tion by Councilman Bm-ry; seconded by Co~aihn~ Robbins~ to grant a one year extension to C~83~ 9tarlite Homes~ Pierce Rcadj motion c~ried unanimously. F. C-86 - NEIL K~ CItE ~-. It~f explained that t~e Plannlng Com~ssion~ at its meeting on April 1967, reco~ended approval of the request for one ye~ extension on condi- C-86 tichal zoning RM-.3000 for the Froparty adjacent The S~atogan. This was requested by P. L. ~rrick~ tho pz-operty o~.mer. Motion by Councilman Bucry~ seconded by Coencihnan Robbins~ to grant One ye~ extension for C-86; motion on'tied unanimously. SL~.~vB~RY OF MII~UTES, S~RATOGA CITY COUNCIL~ APRIL i9.~ 1967 Pg 3 IV Go SDR-.62 - ST. ~WS E~SCOP~ CF~CH Upon recommendation by i~, Huff~ Councilman Tyler moved; seconded by Counei!- SDR-62 m~ Robbins; to approve release of $8~000 improvement bond for St. 'Andrew.re Episcopal Church for improvement of Saratoga Avenue; motion c~ried unanimous3~y~ H. ~CT ~41 - CONSTI~UCTION ACG~CE Comcilman ~ler moved~ seconded by Councilm~ Robbins that i~rovem8nts in ~ ~-041 Track 4041~ GeorgetoE West~ Unit ~ be accepted for construction; motion c~ried unanimously. V 5LIC E~RINGS A. C-]D2 - GEORGE 0~M Mayor pro tern H~tman directed the file in the totter of C-10~., Ge~ge 01dham,~ request for change of zoning from PA to C-C~ S~atoga Avenue at S~stogs- SunnFale Road~ introduced as e~dence and decl~ed the public he~ing opened at 8:28 P.M.n EdEd Hinshaw, attorney for ~. 01~am~ appeared before the Council and related' that the property in question had been in the 01~am family for 62 ye~s, ~d since 1~9 had been used for commercial pu~oses, A service station~ a used c~ lot~ the 'Barn' antiSue house f~ea m~ket~ Cbistmas tree sales, were som of the enterprises located there. ~. 01dham has an offer from the Union 0il Company for lease of the land prodding they C-102 can erect sd operate a service station there. This is the only method R~. 01dham 01dham has of raking the property lucrative, since he lacks the capit~ to develop it ~th buildings suitable for pro~essimnal or administrative use. ~. Hinshaw reported receiving an opinion from the deputy sheriff for the City that location of a service station on that corner ~uld not constitute a safety hazed and that engineering s~veys by the oEer revealed t~t the ~ade ~op between the ser~ce ~es ~d the high~ay would be only one or two feet. ~ George 01dham~ 39 North 5th Street~ S~ Jose, stated that~ as the property oEer, he is b~dened ~th the t~es, ~th no ~net~ re- tch from this property. Its condition at present is certsin~ unattractive and even the ser~ce station would be an i~rovement. He said there is a s~plus of profession~ offices on the Eket~ so he is certain he would be ~aale to finance buildings of this t~e~ as required by the prese~ zoning~ Mr. Meyerhofer, S~atoga Vista Court~ concurred that~ since the Planning Commission ~ted 7~0 for dehi~l~ he would go on record as being opposed to the granting of this change of zoning. Dave C~ter~ Ca~on View Drive~- opined that this property seemed to be suitable for some commrcial vent~e, aside from the ser~ce station~ and supported the c~ge of zoning~ recommnding that use of it for $ service station be decided ~ter rezo~ to cm~ercial~ ~. Green, Union 0il Co~a~ representative, addeased the Council, in~ting them to see other ser~ce stations of attractive design constructed in San Jose ~d Santa Clara as exa~les of the building pro- posed for this property. Councilm~ Burry moved to close the public he~ing at 8:55 P.M~; seconded by Comcilm~ Robbins; motion c~ried unanimously, After Co~cil discussion, CounCilmn Robbins moved to uphold the Pl~ning ~ommission denial of C-102, request for rezoning; seconded by Co~cilmm Tyler. Upon educe of the City Attorney, Edw~d Hinshsw with~ew the appli~ cation, C-10~ for George 01~am; and motion for denial by Councilman Robbins and second by Co~cilman ~ler, were then ~th~aE. ~yor pro tern H~tman info~ed ~. 01~am that this p~ticular proper~y wo~ld be considered at the ~nersl Plan Re~ew~ EGSS: 9:10 P.M. REC0~: 9:~5 P~M. B. C-107, SARATOGA F~S DE~LOPEh~ C-107 is a reqnest fo~ change of zc, niz, g frmm A to R-l-lR~500, Cox Avenue and Cumberl~d ~ive. Mayor pro tam H~tman directed the files of C-107 intro- C-107 duced as e~dence and decl~ed the public he~ing open at 9:30 P.M. There ~as no one present to speak for or against the proposed change of zoning~ which is recommnded by the Planning Cotmission. ~. H~f e~lained that this application concerns pro~rty adjacent to that rezoned in Ordinance NS-3-ZC-36. The first rezoning application was filed for a seven acre pg, rcel and c~,Lse~iaer~ consideratinn of the subdies!on developm~Dt ~roposed fore S~(]~I~-LRY OF ~KI[J~S, S~?~ATOGA CITY C0UNCIL~ APRIL 19~ 1967 pg 4 V Bo C-107 - S~RA~GA FO~ILLS DE~OPENT C0. (Continued) that land resdlted in a necessity for rezoning an addition~ 7/10 acres~ C-107 which required a septate applie:~tiono With no objections~ Comcilman Bur~ moved to close the public hearing at 9~37 P.M.~ seconded by Councils- man Robbins; c~ried unanimously. M~or pro tern dallied Ordinance NS-3-ZC-37 introduced. VI ~M~S~A~ MAKERS A, Mayor pro tern Hartman announced an ~AO debate sponsored by the Santa Cl~a County Young Republicans, On April ~2nd, at ~i~i's coherence room in Santa Clara; and mentioned receipt of negative letters reg~ding the 1966 Amual Report. B. FINANCE (1) It ~as moved by Councilman Robbins; seconded by Councilman ~ler; and Claims c~ried un~ni~6usly to approve the list of disb~sements dated April 19~ 1967, end authorize that ~-~rsnts be ~a~ in pa~ent ~or a total amount of $1~,779.91. (~) The TreSs~er's and City Clerk's Fin~cial Reports and the Third Qu~terly Budget Report were received by the Coboil. C. C0~CIL CO~T~ES ~ EPORTS (1) Council~ Robbins moved; seconded by Councilm~ ~ler; to accept the Titus recommendation of the Poli6y Comettee that both sides of Titus Avenue Ave adjacent the Hensen School be swept on a monthly basis. (2) Councilm~ Robbins stated he had attended the Planning Coblesion meet- ing on April 17th and the Commission had expressed, at that time, the desire for a closer working ~rangement ~th the Council~ involving more working sessions and regul~ attendance of their meetings by Coun=ilmen. M~or pro tem directed the City ~dtnistrator to bring this problem to the ~yor's attention. (3) Councilmen Robbins expressed ~ssatisfaction with the post~ service delivery of the Council minutes end agenda and suggested they be held for the Comcilmen at the City offices. D. DEPART~ E~S ~D O~ICERS (1) Stanley Walkers' Planning Director~ announced the organizational meet- General ing of the ~neral Plan Review Comtt~ee on Tuesd~, April 25, at Plan 7:30 P.M.~ in the Council Chambers~ La~ence Li~ngston~ Mayor Glennon; Comtttee end the General Pl~ Renew Comittee Chairm~ Dean Leo A. Hu~d be present and all the Co~cilmn and Planning Co~ssioners were re- quested to attend. E. CITY ~i~S~ATOR (1) SDR-665 - ~STHOE ~I'l'~ PRESB~I~q CSCH SDR - 665 ~. Huff reported that the Westhope United ~esb~erian Ch~eh has orally withdra~ its request for deletion or postponement of the side- walk required on its Saratoga Avenue fronBage~ (2) ~OSECT R0~ BEA~FIC~0N S~Y ~ospect ~. H~f reported that insufficient progress has been rome on the Road ~oppeet Road beautification stu6~ to permit report at this meeting~ ~d it is anticipated the report will be cc~leted for presentation at the second meeting in M~,y or the first meeting in June. (3) }~,KOE G~S WAT~ H~ons Councilman B~x-y moved; seu~mded by Councilm~ Robbins~ to authorize Water the City Administrator to advertise for bids on the water system for System H~one G~dens; motion c~ried unanimously. SUMMARY OF ~Er~TES, Si~SATOGA CITY COUNCIL~ APRIL ]-9, 1967 Pg 5 VI C. 8ITYADMINIBTR~TOR (4) Correspondence and prints of the proposed improvements to the Saratoga WildwoOd Creek at Wildwood Park were referred by the Mayor pro tem to ~he Park Planning Committee for stddy and recommendation~ with Councilnk~n Tyler abstaining° Mayor pro tem Hartman requested Councilmsm Robbins to serve with him on the Planning Committee for consideration of this matter. (5) The request from the ABS Council for consideration of approval of ADS ADS plastic pipe and fittings as a s~tisfacto~y alternate material to Plastics those specified in the plumbing coda for drain~ ~aste and vent poses, was referred by the Mayor pro tem to the Public Welfare Com~ mittee for study in conjunction with the Chief Building Inspector, (6) ~o Huff presented a letter from the engineers for the Village Park- Village ing District ~l and reported that a letter was ~oing out this week to Parking property o~mers involved advising them of the availability of the plans District ~l for their review and comment and requesting their final statement as to the building area anticipated for use in determining their assess:, ment; also requesting that they indicate where their sanitary s~wer lateral should be placed so that the project can proceed upon receipt of this information. VII COMMUNICATIONS A. WRITTEN A petition received from residents of the Horseshoe Drive-Bella Vista area Horse- requesting illumination of the two intersections of Horseshoe Drive and shoe Dr Saratoga-Los Gates Road, was referred by the M~yor pro tem to the Policy petition Committee for study and report to the Council. ~b~vor pro tem Hartman welcomed Admiral and Mrs. McFa].l to the meeting as re- presentatives of the Planning Commission; recognized Stu Howell of the Chamber of Commerce~ and expressed appreCi~bion to the Good Government Group for the serving of coffee~ VIII ADJOURNMENT Councilman Tyler moved for adJo~.~nment at 10:15 P.Mo~ seconded by Councilman Robbins; motion carried unanimously. Respectfully submitted,, '~S R. 'HUFF~ CI~/CLERK ..... msf