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HomeMy WebLinkAbout02-07-1968 City Council Minutes SARATOGA CITY COUNCIL SUMbIARY OF MINUTES TIME: WednesdaX, February 7, 1968 7:30 P. M. PLACE~ Saratoga City Council Chambers, 13777 Fruitvale Avehue, Saratoga, Calif. TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:40 P. M. A. ROLL CALL Present: Councilmen Glennon, Hart'man, Tyler, Robbins Absent: Councilman Burry B. MINUTES Minutes It was moved by Councilman Robbins, seconded by Councilman Hartman, and carried unanimously to dispense with the reading of the January 17, 1968 minutes and approve them as written. II BIDS AND CONTRACTS A. TP~FFIC SIGNAL MAINTENANCE AGREEmeNT Traffic Councilm~n Tyler ~eported that the Public Welfare Committee had Signal investigated questions raised at the last meeting relativeI to the Maintenance Director of Publid WorkS' recommendation that the City enter into an Agreement agreement with Tr~ffi~ zSignal Repair Company for traffic signal maint- enance upon termination of the current contract with Santa Clara County. The Committee did not consider the lack of a termination clause to be a d~Sadvantage in view of current inflationary trends and the normal power to terminate the contract for nonperformance. Additionally, the C~unty indicated that no price break for additional signals could be anticipated so the Committee recommended that the contract with Traffic Signal Repair Company be executed. It]was moved byCouncilman Tyler~ seconded by Councilman Hartman, a~d unani~oUsly carried to authorize ~he Mayor to;execute the contrac~ , - upon the termination of the current ~ontract with the County. ~-~A\ III PETITIONS, OPaiNANCES AND FORI',t~L RESOLUTkONS A. RESOLUTION NOT 36-B-94 Res. 36-B-94 I~ was moved by Councilman Hartman, seconded by Councilman Robbins, Tr.3742 and carried unanimously to adopt Resolution No. 36-B-94, accepting the dedication of streets in Tract 3742 and releasing the improvement bond posted in connection with the development of this tract. B. ORDINANCE NO. 38o18 0rd.38.18 With no objection, Mayor Glennon deferred action on the second reading Horse of Ordinance No. 38.18, relating to horse and stable licenses until Licenses the time set for continuation of public hearing on Ordinance NS-3.12, C. ORDINANCE NO. 38.19 Ord.38.20' The City Attorney reported that he had drafted an ordinance enabling Underground the City to establish underground utility districts and that it Utility embodies provisions from both the League of California Cities and District Pacific Gas and Electric Company model ordinance with some variations. Enabling With no objection, Mayor Glennon directed the ordinance introduced Ordinance and asked that the affected utilities be furni,shed with copies and invited to meet with the Public Welfare Committee to discuss the pro- posed enabling ordinance prior to the second reading. S TOC COUNCn ii SS - i SS - Di RESOLUTION NO. 399 - WEST VALLEY JUNIOR COLLEGE DIS~ICT ~S. 399 West Valley . ~e Cit~ Attorney stated that this resolueion; calling a ~ublic hearing Junior col~ge concernihg the formation of an uhderground. utility district on ~lendale underground Avenue,Should be deferred until after adoption of an ordinance e~abling utility the establishment of underground utility districts. With no objection, district ~yor ~iennon ordered the item withdrawn from the agenda. E. ~S6LUTION NO. 400 Res. 400 It was moved by Councilman Har~an, seconded by Councilman ~ler, and S.J.W.W., carried unanimously to adopt Resolution No. 400, authorizing the W.V.J.C. execution of an agreement song the City of Saratoga, the San Jose & City Water Iqorks and West Valley Joint Junior College District for the Agreement installation of water facilities necessary to the improvement of the C~pus as a college site. F. MSOLUTION NO. 401 MS. 401 W.V.J.C. It was moved by Councilman Robbins, seconded by Councilman Hartman, ~reement~ and carried unanimously to adopt Resolution'No. 401, authorizing the re parking execution of an agreement with West Valley J~ior College District lot main~ r~lative to maintenance of the parking lot ~o be constructed as ~art of the proposed assessment district. IV S~DIVI~IONS, BUI~ING SI~S, ~ ZONING ~Q~STS ~. 3738 R~troacctve ~e Diredtor of Public Works reportea that the improvements in Tract Accept~ce 3~38~ should have been accepted, for constr. uction, on December 20,1967 of Const. and he reco~ended that they be accepted r~ctroactive to that time. It Was .moved by Councilman Hartman, Seconded byCouncilman ~ler~ and ~a~ried unanimously to accep~ the ~provements in ~act 3788, for construction, reCtroactive tO December 20, 1967, with the one year maintenance period to begin as of tha~ date. ~.4300 B. T~CT 4300 It was moved by Co~cilman Robbing, seconded by Council- ~.3998 C. ~CT 3998 man Hartman, and unanimously carried to accept the SDR-609 D. SDR-609 improvements, for construction only, constructed in con- ~provemen~ nection with the development of Tracts 4300 and 3998 and Acceptance to accept, for conseructiop only, the improvement of ~nor Drive done in connection with SDR-609; with the one year maintenance peri~ to begin imediately. E. SD-729 - S~TO~FOO~ILLS DE~LOM~ CORPO~TION SD-729 ~. Huff explained that the applicant requested special consideration Saratoga relative to stom sewer costs, street improvements and park location Foothills connection with conditions of tenZative map approval by the Planning Develo~en~ Comission. Co~unications fr~ the Saratoga School District and Conditions the Blue Ridge Home ~mers' Association relative to Foothill School access and park develo~ent were also received, ~. Huff reported. With no objection, ~yor Glennon ordered the item removed from the agenda and all correspondence a~ files referred to the Planning Co,m~ittee for study and report. Councilman ~ler c~ented that he felt that a clear definition of Neighborhood "neighborhood park" should be made and the Pl~ning Director said P~k that the city's Pl~ning Consultant, Lawrence Livingston, has indicated definition that neighborho~ parks are passive type parks, au~enting MjacenC school playground facilities. SARATOGA CItY COUNCIL MINUTES - FEBRUARY 7, 1968 - Continued V PUBLIC HEARINGS A. ORDINANCE NS-3.12 The City Clerk announced that this was the time and place for contin- uation of public hearing on Ordinance NS-3.12, regulating the keeping OPd).NS-3.12 of horses in the City. Mayor Glennon declared the public hearing re- Regulating opened at 8:05 P. M. and indicated the proposed Equestrian Zones keeping of which were delineated on a map posted on the display board. The Mayor horses then ordered any and all comunications, received since the Council last discussed this matter, introduced as evidence. Councilman Hart- man reported, that the Planning Committee had analyzed the data pert- inent to the horse licensing and regulatory ordinances and recommends Ord. Jg.lg adoption of Ordinance NS-3.12 and Ordinance 38.18, with elimination Licensing of use permit requirements for other than community stables and with Horses the provision that all horses be subject to licensing. No change in the setback provisions were recommended by the Coaa~ittee on the basis that Section 3-35.5 of Ordinance 38.18 authorizes the Planning Director to permit the keeping of permitted horses in a pasture under conditions imposed in the license. The Council and staff discussed the committee's recommendations and the criteria to be considered by the Planning Director prior to issuing horse licenses and agreed that careful drafting of the license form by the City Attorney would eliminate misunderstandings or problems resulting from unusual circumstances. ~. Manchester of Via Regina, appeared on behalf of Mr. Nielsen and the Castle Rock Norseman's Association and asked that Mr. Nielsen be given an opportunity to review the final drafts of the ordinance prior to their adoption. Mayor Glennon stated that, as a courtesy to Mr. Nielsen and the Horseman's Association, the public hearing would be continued to the February 21 meeting. Mrs. Murphy, a resident of Via Regina, commented that, as a taxpager, she approved relieving the Planning Commission of the necessity of following a use permit procedure. No one else spoke regarding these ordinances and, with no objection, Mayor Glennon directed the ordinances introduced as modified by~ the February 7, 1968 Planning Committee report, with the unde.rstandingI that .use permits will be required for community stable~. The M~yor ordered the public hearing continued to the meeting of February 21, 1968. B. A-146 - CORINTHIAN STUDIOS A- 146 Corinthian Mayor Glennon declared the public hearing reopened at 8:47 P. M. on Studios the appeal of Corinthian Studios from Planning Commission denial of Appeal design approval and directed that all correspondence received since the Council last considered this matter introduced as evidence. Councilman Hartman reported that the Planning Committee had discussed the parking needs of the proposed Corinthian Studios facility with the applicant and with the Design Review Committee and had reviewed the city attorney's letter of January 31 on the parking requirements. Councilman Hartman stated that the Committee felt that the Planning Commission interpretation of the schedule of off street parking space requirements is correct and the Committee recuimaended that the City Council affirm the Planning Commissinn denial of Design Review approval. Fir. Warren Held, ~rchitect for the applicants, asked that a letter, dated 2/6/68 to the City from Planning Consultant Lawrence Livingston, relative to parking space requirements be re~d into the record. i~ayor Glennon stated that this would be done after a brief recess. -3- SARATOGA CITY COUNCIL MINUTES - FEBRUARY ?, 1968 - Continued Recess: 8:50 P. M. Reconvened: 9:10 P. M. Exchange Mayor Glennon introduced and welcomed Miss Lies Zerb, who is residing Student with the Charles Robbins family and is a Senior at Saratoga High Schoo1 Guest as an exchange student from the Netherlands. B. Corinthian Studios - A-146 Continuation of l~blic Hearing Mr. Huff read a letter from the Planning Director to Planning Consult- ant Lm~rence Livings.ton, author of the Zoning Ordinance, requesting clarification of parking space requirements as they relate to the Corinthian Studios proposed development. Mr. ~lalker then read Fir. Livingston's reply which substantiated the Planning Co~uission interpretation of the off-street parking requirements. A-146 ~,~. Warren Held expressed the opinion that areas used exclusively Corinthian for storage should not be included in computing parking spaces required Studios and stated that it was his belief that this interpretation has been Appeal used in past cases. Mr. Held also stated that the 1,940 square feet area on the second floor designated as "unassigned" was an oversight and should have been labled as "storage area". Councilman Robbins questioned whether or not the Corinthian Studios qualified as an establishment handling only bulky items ap~ Councilman Tyler comnented that it was his opinion that the Planning Commission had been quite generous in applying the more liberal formula of one parking space for each 500 square feet of sales area. Mr. Held indicated that he felt sure that his clients Would, if necessary, dispense with the sale of small items which he understands are used only to enhance the display and sale of the bulky items of furniture. No one else present responded to an invitation to speak regarding this matter and Mayor Glennon, with no objection, declared the public hearing clo~ed at 9:30 P. M, Councilman Hartman said that the Planning Committee felt that the Planning Commission had been quite liberal in its application of the off-street parking provisions in this case and he therefore moved that the Council affirm the Planning Commission's denial of design revl~q approval for Corinthian Studios on the basis of insufficient off-street parking. Councilman Rbbbins secohded the motion which carried unanimously. C; C~110 - FP~NKLIN HOMES COMPANY The City Clerk ~eported that notices of public hearing had bead C-ll0 published and mailed to property owners within 500' of the p~operty Franklin proposed for rezoning. Mayor Glennon declared the public hearing Homes Co. opened at 9:33 P. M. and directed that all files and correspondence Rezoning pertinent to this item be introduced as evidence. }~. Don Macrea asked what the developer proposed for the area a~nd ~at type of landscaping would be insured. M~. Mactea also expressed concern about increased traffic and parking needs which would be generated by an apartment development, and the possibility that trees which enhance the area might be removed. Councilman Hartman suggested that proper landscaping might be assured by requiring, as a condition of approval, the submission of a satis- factory plan drawn by .a recognized landscape architect. Far. Dave Franklin appeared in support of the application to fezone from R-M-4000X to R-M-3000 property located on Fourth Street between Springer Avenue and Saratoga Creek. He stated that the only exit from the proposed development would be on Fourth Street as near Big Basin Iqay as possible and tha~ an exit onto Springer would be restricted for emergency vehicle use only. Mr. [ranklin said that many months of careful planning had accompanied the application to fezone for the most effective and attractive development plan for this area and that -4- SARATOC, A CITY COUNCIL MINUTES - FEBRUARY 7, 1968 Continued C. C-110 - Franklin Homes Company public hearing continuation it was his feeling that a considerable need exists in Saratoga for the type of luxury apartments proposed. He said that the apartments are primarily planned for adult occupancy and would enhance the city C-110 but impose a minimum demand on school facilities and related services. Franklin Mr. Fred Marburg, architect for the development, described the pro- Homes Rezoning posed unit coverage of the area and the average unit size as contrasted to other luxury apartments in this general vicinity, and expressed the opinion that the design plan was superior to most others in the area. tle noted that one covered and one uncovered parking space would be provided for each unit, in addition to available guest parking. No one else spoke regarding this application and it was moved by Councilman Robbins, seconded by Councilman Hartman, and carried unanimously to close the public hearing at 10:05 P. M. Ord. With no objection, Mayor Glennon directed the introduction of the ordinance conditionally rezoning the property in question from NS-3-ZC-41 R-M-4000X to R-M-3000, subject to the City Attorney's approval of the ordinance and exhibits, for form. VI ADMINISTRATIVE MATTERS A. MAYOR (1) Mayor Glennon reported that he had received a connnunication from Sanitation the Cupertino Sanitary District relative to objections which that District agency has to certain provisions of ~he Resolution adopted by services the Council several months ago desighating the Cuper[ino Sanitary DistrAct and County Sanitation District No. 4 as the agencies authorized to provide sanitary sewerage services within the City.. With no objection, the matter was referred to the PUblic Welfare Committee for review. LeagU~ of (2) Mayor Glennon announced that the Pen{nsula Division of the California League of California Cities will meet at Plateau 7 on Februar~ Cities mtg. 15 and that the topic of discussion will be the cigarette tax distributi6n question; in view of the complexity of the matter and the controversy relative to distribution, he asked that the ~ouncil make every effort ~o at~end this meeting, B. FINANCE Bills (1) It was moved by Councilman Robbins, seconded by Councilman Tyler, and unanimously carried to approve the list of disburse- ments dated February 7, 1968, and authorize that warrants be drawn in payment for a total amount of $72,510%79. C. COUNCIL COMMITTEES AND REPORTS (1) Councilman Hartman reported that the Planning Conduittee reviewed Tr. 4200 the developer's request for waiver of access restriction in Restricted Tract 4200 and recommended that Lot 5, Tract 4200 be permitted Access to have driveway access off the Minimum Access Road provided that an easement over the minimum access road is provided for Lot 5. It was moved by Councilman Hartman, seconded by Council- man Tyler, and carried unanimously to accept the committee re- port and permit this access, subject to the recommended cond- ition that an easement be provided. D. DEPARTMENT HEADS AND OFFICERS ~es.36-Bo95 (1) It was moved by Councilman Tyler, seconded by Councilman Hartman, TT. 3997 and carried unanimously to adopt Resolution No. 36-B-95, accept- ing the streets in Tract 3997 and releasing the improvement bond posted to guarantee improvement. This resolution was based on the report from the Director of Public Works that all defic- iencies had been corrected at the end of the one year maintenance period. SARATOGA CITY COUNCIL MINUTES o FEBRUARY 7, 1968 - Continued R. Willis (3) Public Works Director Robert Shook reported that he had received Con~nended e letter from the Town of Los Gates expressing appreciation for the assistance they received from Saratoga~s Street Maintenance Supervisor in their recent applicant screening program. Mayor Glennon asked that Mr. Willis be advised of the Council's commendation. E. CITY ADMINISTRATOR (1) It was moved by Councilman Tyler, seconded by Councilman Robbins, Tr.4042 and carried unanimously to accept the Planning Committee rec- Landscaping commendation to permit the Claude T. Lindsay Company to post a cash bond cash bond in lieu of landscaping, at this time, as required in connection with, the development of Tract 4042. The amount of bond is to be determined by the Director of Public Works. Life ins. (2) With no objection, P'hayor Glennon directed the Management Coa~ittee proposal to meet with Mr. Huff to discuss the feasibility of accepting a proposal from a different insurance carrier to furnish employee life insurance at a lower premium than that of the present policy. J.Huff (3) It was moved by Councilman Harman, seconded by Councilman authorization Tyler, and carried unanimously to grant permission to the City to attend Administrator to attend the spring meeting of the City Manager's conference Department of the League of California Cities to be held Feb- ruary 28 through March 1, in Palm Springs. VII COMMUNICATIONS A. WRITTEN Judicial (1) The Council acknowledged receipt of copies of a letter, directed Distric~ to Supervisor Mehrk~n~ fr6m San Jose-Milpitas-Alviso Judicial merger District Presiding .Judge Wayne M. [{anemoto~ relative to proposed merger of judicial districts. Judicial (2) Also noted were cop.tes of a letter to the Board of Supervisors Districe from the President of the West V~lley Bar Association opposing Merger any merger of the Los Gates-Campbell-Saratoga Judicial District with one or more other judicial districts. County (3) A letter from the Santa Clara County Housing Authority has Housing notified the City of the selection of Mr. John C. Burns of Authori~y San Jose~ to serve ~ Executive Director of that organization. B. ORAL Player Glennon acknowledged~ I.;ith pleasure, the presence of Planning Corm~issioner Crisp; Don Mactee, representing the Good Government Group; Jerry Smith, nominee for one of the two council seats open on the forthcoming April municipal ballot; and thanked Mrs. Dorothy ParPer for serving coffee on behalf of the Good Government Group. VIII ADMOURNMENT It was moved by Councilman Robbins, seconded'by Councilman Tyler, and carried unanimously to adjourn the meeting at 10:25 P. M. Respectfully submitted, J. R. HUFF, CITY CLERK mdm -6-