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HomeMy WebLinkAbout11-15-1967 City Council Minutes SARATOGA CI%~ COUNCIL SUMMARY OF MINUTES TI~-: l'~ednesday, November 15, 1967 - 7:30 P. M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, Calif. TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:35 P. M. A. ROLL CALL Present: Councilmen Glennon, Hartman, Tyler, Robbins, Burry Ab sen t: None B. MINUTES Minutes It was moved~ by Councilman Robbins, seconded by Councilman Burry, and unanimously carried to dispense with the reading of the Novemker 15, 1967 minutes and approve them as written. II BIDS Ai© CONTP~XTS A. REPORT OF INFOP. MAL BIDS, COUNCIL CHAndlERS SOUND SYSTEM ~e City Clerk reported that three informal bids ~,;ere received for Sound installation of a new built in sound system for the Council Chambers System and that the staff recommends purchase of the system proposed by Bids Custom Electronics at a cost of $1,579.00. It was reported that $4,000. had been budEeted for this purpose and, after discussion, it was moved by Councilman Burry, seconded by Councilman Robbins, and carried unanimously to authorize the purchase of the sound system proposed by Custom Electronics at a cost of $1,579.00. It was sug- gested by the Council that two additinnal microphones be added to tile stage area for the convenience of the Planning Commission. III PETITIONS, OP~DINANCES AND FOPd,~L PalESOLUTIONS A. RESOLUTION NO. 384-1 Res. Mr. Huff explained that the resolution abandoning a portion of Cox 384-1 Avenue had not provided for existing utilities. and that Resolution Cox Ave. No. 38Z~-I would amend No. 384 to include an easement for these Utility utilities. It ~.7as moved by Councilman Itartman, seconded by Councilman easement Tyler, and unanimously carried to adopt Resolution No. 384-1. B. P~SOLUTION NO. 388 Res. It x.zas moved by Councilman Hartman, seconded by Councilman Tyler and 388 unanimously carried to adopt Resolution No. 388, approving modificat~n Saratoga- of the Saratoga-Campbell boundary along Arroyo San Tomas Aquino. Mr. Campbell Huff stated that the Local Agency Formation Commission, at the Boundary request of the City of Campbell, has appr~:v<~-d a boundary relocati'on Modification involving six parcels along San T0mas Aquino Creek bet~qeen the cities of Campbell and Saratoga. The creek alignment is not presently co- terminous with the boundary, Mr. Huff explained, and he recommended that this resolution be approved to rectify this situation. C. OP. DINANCE NO. 38.12.01 0rd. Councilman Burry reported that the Management Con~nittee had continued 38.12-1 to study the question of requiring C.A.T.V. systems to be completely C.A.T.V. underground and that, at the committee's requests the City Attorney Underground had drafted an amendment to Ordinance 38.12 to add this provision. With no objection, 1,~yor Glennon directed Ordinance No. 38.12-1 introduced. SARATOGA CITY COUNCIL MINUTES - NOVEFffiER 3e, 1967 - Continued D. ORDINANCE NO. 38.19 Ord. The City Clerk explained that Ordinance 38.19 would enable the City 38.19 to collect one half of the 55¢ per $500. Real Estate Transfer Tax Real imposed by the County which is scheduled to be effective January 1, Property 1968. The right of local Eeve~?nmcntal agencies to collect this tax Transfer w~s made possible by remedial of ~ie r~al property documentary Tax stamp tax on a Federal level and the city's revenue would amount ~o 27!¢ per $500o of real property sales within the city. Councilman Durry stated that he was not in favor of local agencies picking up a tax which would otherwise reduce the tax payere' obligations and that he was disappointed that the State and County had approved it. Mayor Glennc:l observed that this=tax is not a new one but is ~he first response to requests that some of the tax reyenue be shifted from the Federal government to the local level. ~ouncilman Hartman stated that although hegenerally concurred with Councilman Burfy~s feeling about tax relief he also felt that it is what local agencies Have been askin~ for and that, in any event, the County would receive ~he dity's share if the city does not use it. With no objection, Mayor Glennon directed the record to indicate that Ordinance No. 38.19 was introduced. E. RESOLUTION NO. 389 Mr. Ruff explained that Resolution No. 389 would establish a public Res. 389 hearing on the proposed abandonment of a portion of Allendale Avenue Abandon which lies adjacent to Tract ~406. It was explained that the developer portion of cooperated with the city in rodesigning this area to improve the Allendale reverse curve radius and that the right of way to be abandoned is Avenue the residual strip from this improved alignment. It was moved By Councilman Hartman, seconded by Councilman Robbins and carried unanimously to adopt Resolution No. 389, setting public hearing for the December 6, 1967 Council meeting on the abandonment of a portion of Allendale Avenue, F. ORDINANCE NO. 38.18 Ord, The City Clerk stated that Ordinance No. 38.18 had been proposed to '38.18 provide for the licensing of horses and called attention to a chrono- licensing logy of events preceding t~e Planning Commission recommendation that horses this ordinance be adopted. With no objection, Mayor Glennon directed the ordinance introduced and indicated that, should the Council wish, the ordinance would be considered in more detail ag the time of the scheduled public hearing on proposed Ordinance NS-3.12, relating to horses. IV SUBDIVISIONS, BUILDING SITES ~ ZONING REQUESTS A, SDR-723 - DELAPLAIhl ~cDANIEL SDR-723 Mr. Huff said that building site approval had been granted and expired McDaniel for one lot on Ten Acres Road and that Mr. McDaniel reapplied for and received tentative site approval at the last meeting of the Planning Commission. Although the Planning Commission action occurred after the closing date for the Council age:~da Mr. Huff ad.v~ed that all conditions of final site approval have been met and he recommended Council action at this time. It was moved by Councilman Hartman, seconded by Councilman Tyler, and unanimously carrie~ to adopt Reso- lution No. SDR-723~1, approving this lot as a building site. SARATOGA CITY COUNCIL MINUTES o NOVEMBER 15; 1967 - Continued V PUBLIC HEARINGS - 8:00 P. M. A. ORDINANCE NS-3.12 Mayor Glennon announced that this was the time and place for public hearing of the proposed amendment to the zoning ordinance ~egulating the keeping of horses in the city. The City Clerk stated that notice of public hearing had been published ac&ording to law and explained that the amendment would provide for setbacks to control the location of a stable and the number of horses permitted in a given area and would also amend the xoning map to provide for equestrian zones~ The Planning Director reviewed the provisions .of Ordinance NS-3.12 and pointed out suggested equestrian zone boundaries which were delineated on a large scale map ~osted for C6Uncil and audience v~w. His comments concerned the primary difference ]between the present O~d~ provision~ and the propOSed regulationS, i~e. | 1), All horses would NS-3~i2 be licensed by the Planning Director (no license ~s presently Regulating required)~ 2) One horse would be permitted on a 40,000~ area keeping of (presently a use permit is required for any horse to be kept in an horses area df less than 80~00~)? 3) Set back requirements for stables w~Uld be extended to include a 50' setback from!any swimming pool on a site and to be applicable tO ~orrals as well as Stables (present setback provisions exclude corrals and swimming pools)i The preSedt setback requirements~ except as noted above, would not be changed from the provision that no stable shall be located closer than 50' to any property line, closer than 50' to any dwelling on the site, or closer than 100' to any other dwelling. Mr. Walker explained that, after extensive study and a number of public hearings the Planning Commission has recommended the adoption of this ordinances with accompanying Equestrian zone map and the previously introduced Ordinance 38.18, providing for the licensing of horses. Mr. Walker also explained that licensing would go to the land under the same ownership and not tot he horse ~o that if a horse died, the owner could replace it without obtaining another license. Mayor Glennon asked whether or not the proposed ordinance was considered by persons presently residing in the city who keep or are interested in keeping horses, The Planning Director replied that, although these persons, or their representatives, have been cooperative in trying to work with the Planning Commission, they have presented objections or proposed modifications, some of which have been incorp- orated into the ordinances. However, Mr. Walker continued, other objections, primarily to setback requirements, have not been resolved to their satisfaction. After determinnng that no further background information was desired by the Council members, Mayor Glennon opened the Public Hearing at 8:13 P. M. and directed that all files and correspondence pertaining to this matter be introduced as evidence. EB~in Nielsen, attorney representing Castle Rock Horseman's Association, presented an extensive review of his clients' concern and efforts to insure that any regulations pertaining to the keeping of horses would not be unduly restrictive. Mr. Nielsen stated that although some of the proposed regulations wonld be acceptable (if not desired) by persons who presently keep or wish to keep horses, it was felt that the setback regulations proposed would be prohibitively restrictive, He argued that setbacks would not aid in the control of fly and odor problems and questioned the need for the setbacks proposed. Mr. Nielsen was aided in his presentation by Mr. Manchester, who displayed exhibits of possible building site plats which purported to demonstrete~ in varying degrees, diminished percentage of area available for ~e keeping of a horse. Mr. Nielsen, using the exhibits as examples, stated that in many cases it would be impossible to legally construct a stable for a horse and that, in other cases, the area available was inadequate for ,a horse. · SARATOGA CITY COUNCIL MINUTES - NOVEmbER 15, 1967 - Continued Mr..Richa~a Angus, Monte Vista Drive, asked how the boundaries for the proposed equestrian zone had been developed and cormnented that his property was just eu~Side the Sobey Road a~ea zone and that he wished his property tO be included. The Planning Director skated that the boundaries were drm~n to encompass the more rural, hilly portions of 0Rb~ the Sobey and Pierce Road areas but that he could see no objection NS~3~12 to modification to some degree. Regulating keeping of Mr. Jim Hanson, Pierce Road, commented that the Sarahills subdivision horses had a deed restriction prohibiting the keeping of horses. Mr. Jim ,Jacobson, who indicated that he is a member of Castlerock Horsemen's Association, and resides just beyond the city boundaries, read a letter from Mrs. Jett of 20760 Wardell Road. He stated that Mrs, Jett was unable to attend this meeting and had asked that her objections to the proposed amendment be brought before the Council. ~,~s. Jett's objections were primarily directed to the proposed set- backs and suggested that corrals have a 6' to 12' setback from pro- perty lines with pool location subject only to current building and zoning requirements. She asked that the Council continue study of this ordinance in an effort to avoid the necessity of applicants filing for variances. Joan Hanson, Pierce Road, stated that she had been a member of the legislative committee of the horsemen's association which studied model ordinances from other cities and that this committee did not consider Woodside's ordinance (upon which the City Attorney had previously indicated Saratoga's amendment was based) to be an ideal ordinance. Mrs. Hanson also stated that her property had no fly problem and that the swimming pool was located about 6' from the corral and that she considered this a matter of individual right of the property o~mer. Donna ~k~rphy, Via Regina, commented that it was her understanding that when the City first proposed a change in the ordinance the horse oilnets had asked only that a second horse be permitted on an acre lot and that the other provisions which the horse ~ners find objectionable were added by the City with the reasoning that the old ordinance was unenforceable. Councilman Robbins asked the City Attorney whether or not two adjacent property owners could utilize one stable for both properties if they wished and the City Attorney advised that he did not believe this could be done without a variance. ~e Planning Director stated that the proposed ordinance would provide that area outside the setback lines could be utilized as.pasture, subject to permission of the Planning Director. Mr. Nielson submitted a proposed modification to the ordinance establish- ing a setback of no more than 30' from any property line for a stable a n-d .of no more than 5' f6r a'co~ral, with both to retain the 50' setback from a dwelling on the site. He indicated that there is not too much objection to the stable setback but that there is a great deal of opposition to the corral, or fence, setback. Mrs. Sheila Manchester, Via Regina, suggested that the number of com- plaints presented in opposition to the propoaed amendment was the result of contemplated revision affecting many people, as contrasted to the relatively few individual permits issued in the past. Mrs. Manchester also commented that the City of Woodside ordinance provides that a 5' easement be granted on each side of a lot for use as a riding trail and that she would approve similar legislation if other property owners in the hilly areas agreed. This provision had not been con- sidered for inclusion in the ordinance, Mrs. Manchester said, but she felt it might be of interest and benefit to mention it for consideration. SARATOGA CITY COUNCIL MINUTES - NOVEMBER 15, 1967 - Continued Bob Thompson, Mr. Eden Road, stated that he had artended most of the public hearings before the Planning Cu~ission and that he thought an equitable compromise would require but little addit~anal study. He urged that the Council carefully review the setbacka proposed and the licensing provision before taking action on an ordinance which would, in his opinion, be inadequate~ Mayor Glennon stated that he felt the license pr6v~sion which would replace the need for a use permit was more d~sirable for the horse Ord. owner and Mr. Thompson agreed that he might have been s~ortsighted NS-3.12 regarding the licensing provision but that he strongly ~ppose~ the Regulating setbacks proposed. keeping of horses ~. Jacobsen stated that although he had noc0~nen~ regarding the licensing~ he wished to add that he felt]that ~he setbacks should be directed to the health and welfare of the horse as well as to the residents and that the health of the equine would be ~mpaired if the area whet& it could' b~ kept was r~stricted too much~ He argued that One of the primary c~uses of horse lamehess was lack of ~pace for the hor~e t~ clean hi~ hdoves and move ~bout in a dry area, No one else responded to the ~yor's invitation to speak and Mr. Nielsen expressed his appreciation for the opportunity to add any closing arguments on behalf of the protestants. With no objection, Mayor Glennon ordered the public hearing continued to the next regular meeting and advised the audience that the matter was being referred to the Planning Committee of the Council with a request for a recor~nandation at the next meeting, Recess: 9:30 P. M. Reconvened: 9:45 P. M. VI ADMINISTRATIVE MATTERS A. ~YOR No reports B. FINANCE Bills (1) It was moved by Councilman Hartman, seconded by Councilman Tyler, and carried unanimously to approve the list of disbursements dated November 15, 1967, and authorize that warrants be drawn in payment for a total amount of $31,891.23. Finance (2) The Treasurer's report for the month of October, 1967 was Reports reviewed and Mr. Huff reported that the Sumitomo Bank is reportedly raising the interest rate on 6 month time deposits from 5% to 5 1/8% and that he will check with the Bank of America as soon as the next time deposit matures (Nov. 21) in an effort to obtain the increased rate of interest on a redeposit of funds. (3) The City Clerk's report for the month of October, 1967, was distributed for Council information and review. C. COUNCIL COMMITTEES AND REPORTS Councilman Tyler submitted a progress report, dated November 15, 1967, outlining the findings of the Public Welfare Committee in its Underground study of underground Utility conversion in Saratoga. He stated that Utility the study is centering around three major factors: 1) the exper- Conversion ience of other cities in working with the utility companies toward Stud~ conversion; 2) conversion programs unde~ay in cities owning municipal utilities with emphasis on comparative costs and the potential of availability of service to Saratoga; and 3) the effect of new P,U.C.. regulations governing conversion. Details of ~ ~ ~.~ to date, are more fully set forth in the written report, but it was' reported that, in an attempt to insure optimum utilization of the city's allocation ~f P~ G. & E. funds, the Committee is ~ARATOOA CITY COUNCIL MINUTES - NOVEIdER 15, 1967 - Continued studying the feasibility of concentrating on 121<V and smalier lines and not planning for conversion of 60 KV lines until advanced tedhnology makes.such conversion more feasible. It was noted that both the cities of Palo Alto and Santa Clara have indicated that their costs of under~ grounding 60KV and 12k'V lines are in line with the estimates given by P. G. & E. D. DEPAP, T~NT HE~aS AlqO OFFICERS (1) Director of Public Works Shook presented the Council with a Safety Safety Award bestowed upon the'city by the League of California Award Cities and State Compensation Insurance Co. for completing a year with no loss of time because of injuries sustained on the job. He co~anended the street department for the major contri- bution to this record and observed that of the 40,000+ man hours worked by city employees, the street department encounters the greatest risk of injury.. (2) b~. ShOok reported that temporary repairs to Sarahills Road have Sarahills been completed and the road re'opened. lhe soils experts have Road checked it and are satisfied with the work, he added. Also, Repair S_~n Jose Water Works will be advised of the work that has been done and asked to install a water line which will be more satis- factory than the temporary service line they. noahave there. Sa~ahills (3) The City Attorney reported that although he has filed ~ritten Road opinions with the ~ity since the last meeting, he has yet to submit~an opinion relativ~ ~o liabiiity in connection with the Sarahiils Road problem but Will do sO as soon ~s his offices have been able to arrange a meeting with the parties who actually did the work. (4) b~. Walker reported that Mr. Ray Bieber has requested a modifi- SDR-721 cation of the condition of building site approval for SDR-721 and requiring extensive street improvement on Pike Road. A similar SDR-722 request was made by ~. George Somps for Saratoga Hills Road Requests for improvements required as a condition of building site approval modification for SDR-722. b~. Walker indicated that both Mr. Somps attorney and Mr. Bieber were present if the Council wished to discuss the matter with them. ~. Jack London, attorney representing Mr. Somps, stated that he would have no objection to referring his client's request to an appropriate committee but asked that it be considered on its individual merits and not in conjunction with any other similar request. b~yOr Glennon agreed that this would be done and Fir. Bieber also agreed to meet with a Council committee to discuss his request. With no objection, Mayor Glennon referred both requests to the Planning Committee with the request that they arrange appoint- ments with both applicants to discuss the matterS. E. CITY ADMINISTRATOR Trainee (1) The City Administrator called attention to copies of a progress program report from the Maintenance Supervisor relative to the Nelson report Amendment and Neighborhood Youth Corps trainee program. (2) With no objection, b~yor Glennon referred to the Management Conununity Committee, a request from b~. Frank Holt, County Civil Defense shelter Director, for concurrance with the Bay Area cemmunity shelter program program. This request was presented in connectinn ~?ith efforts Civil Defense to obtain a Federal grant to unde~¢rite-this program. -6- SARATOGA CITY COUNCIL MINUTES - NOVEmbER 15, 1967 ~ COntinued VII COMMD~ICATIONS A. WRITTEN (1) The Council briefly discussed a resolution proposed for adoption County by the Board of Supervisors relating to land uses of territory Planning near incorporated cities and the provision of public utilities Policy - and facilities and zone changes or Use permits for such uses to land use be subject to approval of the adjacent city. The Council unan- adjacent imously endorsed and ratified Mayor Glennon's letter to the to cities Board Of Supervisors urging adoption of this resolution, on a motion presented by Councilman Herman, and seconded by Council- man Robbing. Grazing (2) Resolutions relating to Grazing regulations for public lands & multiple and multiple use classification of public lands in Santa Clara use of County were transmitLed to the Council, from the Board of Super- public lands visors, for information. (3) The Counci~ reCeiVed 'Copies of a letter from Wallace R. and ~en Blliot~ L~ Elliott asking tO purchase a portion Of the park land adjacent ~equest ~6 ~o their property on Myron Drive~ Mayor Glennon directed the purchase City Administrator to advise the Eiliot~'s that th~ property part of was granted to the City for use as a small city park and She park Council does not feel it would be appropriate to sell off any part of the park land. (4) A letter from b~s. Dee Weber, President of Teen Research Inc- Teen orporated, requesting Council endorsement of that organizations Research, proposal to build an observatory in the Ed Levin Park was tabled. Inc. reqaest With no objection, the ~yor requested the City Administrator for endorse. to advise the organization that the Council feels that this type of program is beyond the scope of the Council's activities and, at the same time, expressing wishes for their success. (5) It was reported that the Director of Public Works has investigated Saratoga the question raised by Mr. Roger W. Sailors of 13820 Saratoga Avenue Avenue relative to curb and gutter requirements imposed on an curb - adjacent building site. ~. Shook reported that it was his Sailors opinion tha~ no problem would develop as suggested by Mr. Sailors and the Council agreed that Mr. Shook should advise Mr. Sailors of his findings. ORAL (1) Mr. Ed Rutledge, representing the Village ~rchants. asked the Mercury status of the merchants request for mercury vapor lights in the vapor lamps - village area and was advised that the City is still awaiting a Viiiage area report from P. G. & E. Company. Mr.. Huff indicated that he would contact P. G.. & E. again in an effort to expedite their reply. The City Attorney reported that his offices had analyzed the possibility of segregating different types oflighting facilities serving the same area and found that it can be done, if the city wishes. (2) ~yor Glennon acknowledged, with pleasure, the presence of Planning C~issioner McF=~ll; former Councilman and present representative of the Good Government Group John Langwilt; ~s. Ralph Burry, wife of Councilman Burry; and ~s. Dorothy Parker who served coffee on behalf of the Good Government Group. SARATOC~ CITY COUNCIL MINUTES - NOVEMBER 15, 1967 - Continued Tree - (3) Councilman Robbins questioned the felling of a large Eucalyptus Quito Road tree on Quito Road and was advised ~hat the ~taff was aware that the tree was removed but that present legislation prevents the City from controlling tree removal on private property after recordation of an approved map. VIII ADJOURNMENT It was moved by Councilman Burry, seconded by Councilman Tyler, and unanimously carried to adjourn the meeting at 10:45 P~ M. Respectfully submitted, J. R. HUFF, CITY CLERI~ ' '~ "' ~ ......... mdr