Loading...
HomeMy WebLinkAbout02-21-1968 City Council Minutes SARATOGA CITY COUNCIL SUMMARY OF MINUTES TIME: .Wednesday, February 21, 1968 - 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 7:40 P. M. A. ROLL CALL Present: Councilm~n Glennon, Tyler, Burry, Robbins Absent: Councilman Hartman B. MINUTES Minutes It was moved by Councilman Robbins, seconded by Councilman Tyler and unanimously carried to waive the reading and approve the minutes of the February 7, 1968 meeting as written. II BIDS AND CONTRACTS A. SARATOGA YOUTH CENTER, INC. - REQUEST FOR ACCEPTANCE AND FINAL PAYMENT Mr. Huff sta~ed that the building is completed exdep~ for parking and YOUth that MrS. Sieney said the parking will be provided~' Couhcilman Robbins Center inquired whether the reason the paving isn't b~ing done at present is ACceptance due to financial reasons or the weather. Mr. Huff said t~at weather was a factor in the delay, but that the Youth C&nter was als~ preparing an alternate parking plan for consideration by the city. He recordmended that the city process a warrant in the sum of $12,000, final payment for the Youth Center Building. Councilman Burry moved that a warrant be drawn, payable to the Youth Center, and that the Mayor be authorized to sign it. The motion was seconded by Councilman Tyler, and carried unanimously. B. DARWIN B. LEE, A.S.A. Mr. Huff stated that he had received a letter proposal from Mr. Lee Agreement pertaining to the appraisal and acquisition of property for the Fruit- for vale project. He said there are 7 parcels at $125 for ~ppraisal and appraisal $100 for acquisition of the ones he is successful in acquiring. There & acquis- was some discussion between the councilmen as to this method of appraising ition,Frui~- and then charging for acquiring and Mr. Huff explained chat in this case vale Ave. Mr. Lee had performed the appraisals without knowledge that he would ProJ. be responsible for making the acquisitions, whereupon Councilman Robbins moved to hire Mr. Lee to appraise and acquire the land necessary for the Fruitvale project. Councilman Burry seconded the motion and it carried unanimously.. III PETITIONS, .ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE NO. 38.18 0r~.38.18 Horse & Mr. fluff suggested that it mi~t be well to defer consideration of this Stable matter until the public hearing is held on Ord. NS-3,12. There being License no objections, Mayor Glennon deferred this item until after the public hearing on NS-3.12. B. ORDINANCE NO. 38.~0.- Second reading Ord, Mr. Huff stated that this was introduced at the last meeting and was enabling referred to the Public Welfare Co~ittee to meet with. P. G~ & E, and City to the Telephone Company. The Co~nittee did meet with representatives from establish P..G. & E, and they suggested tw~ minor changes: In Section 15.3 on underground line 4, they wanted "end/or" instead of the original wording, In utility Section 15.6, Par. g,.P.G. & E. suggested that 'sand similar facilities districts as approved by the City Counci~," would ~provide more flexibility without giving-them carte blanche. Councilman Tyler moved to adopt the ordinance wit~ the minor revisions noted above. Councilman Burry seconded. and .the motion carried unanimously to adopt Ordinance No. SARATOGA CITY COUNCIL MINUTES - FEBRUARY 21, 1968 - Continued C. ORDINANCE NS-3-ZC-41 - FRANI~,IN HOMES CDMPANY Ord. Mr. Huff recalled that the public hearing was held on this ordinance at NS-3-ZC~41 the last meeting and the ordinance was introduced. He said that he had Franklin drm~n up the ordinance itself with the conditions recounended by the Homes Co. Plannihg Co~ission, and app!icant agreed .to all the ~onditions except he ~equeSes that where it s~ates "ConstrUCtion shall start within 6 months" that it be revised to 10 months. He said the 6 months period was suffic- ient, but that certain difficulties have been encountered which makes him feel that it should be changed to 10 months, in view of the problems encountered with Flood Control which will require more time to meet. He plahs to expedite the work and if possible to start construction within 6 months, but feels that he ought to have this additional leeway. Council- man kobSin~ Wauted to know about this conditional rezonl.ng with reference to population density, and asked about Stoneson. Mr. HUff advised tha~ the Planning Con~isston is considering design review for the Stoneson property based on R-M-4000 and has received no application for rezoning to mere densely populated area. D. I.~ST VALLEY JOINT jUNIOR COLLEGE DISTRICT Mr. Huff intzoduced Mr. Laster, 0~ Wilsbn; jones, bierton and Lynch, West Valley our bondiDg attorney involved ifi this project, who assisted in explaining Junior the resolutions° ~arry Aumack, of the Engineer{s office was also present. College Resolution 402,~ealing with amending resolutioas 393, 394 and 396 regard- Res.402 ing the sanitary sewer and perimeter read has been changed only in minor · Amending respects, most important of which was tile use of the sanitary sewer as 393,394, described in Par. 2, and the use of the interior campus road, which, & 39~ instead of being included in an easement for fire protection, was handled by agreemep. t entered into by ~he City and the District for the use of such roads. Councilman Tyler moved for adoption of Resolution No. 402, seconded by Councilman Burry, and adopted unanimously. Resolutign No. 403 - Approving Engineers Report. Res.403 Approving Mr. Laster said that we are going to have to go through a Division 4 Engineer's hearing on the Impreverse. hi Act of 1913 and we can hold both required Report hearings at the same time. It~s the same as the Improvement Act of 1913 with the additional info~ation of assessed value, comparison of value and true value. A report prepared by the Engineer of Work was delivered to the City Clerk. It shows a cost of $720,000 to be assessed to the West Valley District property. The report under Division 4, in addition to that, contains certain value comparisons most important of which is "true valuation of land" of $880,000 and assessed valuation of improve- ments of $53,000, compared with the assessment of $729,000. Councilman Tyler moved adoption; Councilman Burry seconded and the motion was approved unanimously. P__,esol~.~ion No. 404 - dealing with the preliminary approval of the Res. 404 Engineer's Report. Councilman Tyler moved adoption; Councilman Robbins seconded, and the motion carried unanimously. Resolution No. 405 - establishing prevailing wage scale. Councilman Red.405 Tyler moved adoption; seconded by Councilman Robbing; adopted with one dissenting vote by Councilman Burry. Councilman Robbins asked if that Prevailing · wage scale has to be published. Mayor Glenn0n said that it does not Wage and stated that the wage scale is included in the specifications. Scale Resolution No. 406 - describing proposed boundaries of the Assessment Res. 406 District, d~Irecting filing of map and directing recordation of Notice describing of Assesment and Assessment Diagram. _Mr. Laster said that the basic boundaries thing this accomplishes n~ is to direct filing boundary map and this must be done in a 15 day period. Assessment Diagram must also be recorded. Councilman Robbins moved adoption; seconded by Councilman Burry and adopted unanimously. -2- SARATOGA CITY C(~CIL MINUTES - FEBRUARY 21, 1968 - Continued Ill. -D. WEST VALLEY JUNIOR COLLEGE, DISTRICT - Continued Resolution No. 407 - Appointing time and place of hearing protests in Rest407 relatioh to proposed acquisitions and improvements and directing notice, So=ring to be held at the s~e time as the Division 4 hooting, April 3 at 8 o' hearings clock' ~. M., as suggested for Resolution No. 403. Ccuncilman Robbins moved for adcpti~n; Councilman Tyler seconded, and the motion was adopted unanimously. Resolution No. ~08 ~.calling for sealed proposals - 3 ~. M., April 1, Res.408 1968, and fixing liquidated damages at $150 per day. Bid notice includes Calling work in a~dition to that proposed by ~he Assessment District. The for bids motion ~o ~dopt ~he resolution was made by Councilman RcbBins, seconded & fixing by Coupdi!man Burry, and adopted unanimously. liq.damages Re~o____lu__~.i__o.n_~pJ_4__09 - Mr. La~er explained that this is merely asking Res.409 for authorization to mall notices of sale of bonds to banks, etc. Notice of Councilman ~7!er moved adoption; seconded by Councilman Robbins, and bid on bonds carried unanimously. Res. E. RESCLUTION NO. 324-1 - rescinding prohibition of operation of motor 324-1 driven cycles u~on portion of County Expressways within the City. Motor driven ~. Ruff stated that in April 1966 the City.adopted a resolution pro- cycles on hibiting the operation of motor drY. yen cycles on County Expressways expressway within the city, and the Transportation Policy ~ommitCee has asked that we amend it to permit motor oy~!es. Councilman Tyler said he .. fel~ the City should rescind tha prohibition of motor cycles in Resolution 324 by adopting ~esolution 324-1. Councilman Robbins moved and Councilman ~-ler seconded the motion to adopt Resolution 324-1.. The motion carried unanimously. iV S~BDIViSIO_.~iS, BUILDING SITE~S ~]D .ZONING RE_Q~EST~ A~ SDR--669 - JO~iN LYNGSO - 1 lot, Saratoga-Shnnyvale ROad SDR-609 Final site 'Mr. Huff ~tafed hhat all donditions have been met except the offer of apprOva~ dedication fo~ the main highway and the service road, the recorded Record of Survey Map and the payment of the $800. inspection fee. Mayer Glennon asked for further clarifisation and Mr. Huff said that there are two groups of itemized requirements, the first guaranteed by posting of a $10,000 performance bond, and the second to be met before issuance of a building permit. He stated that the applicants have submitted a letter agreeingto dedication of land, as required, along the Saratoga-Sunnyvale.Road for a 50 ft. half-street and that fee will be paid. Councilman Burry moved for adoption of the final site approval resolution, subject to the restrictions. Second was made by Councilman Robbins and Resolution SDR-609-1 carried unanimously. B. SDR-467 - JOYCE HENDRY SDR-467 Mr. Huff stated that inspection of the improvements under SDR-467 Bond revealed that they have been satisfactorily completed and that he Release recommev~ed release of the bond. Councilman Robbins moved release of improvement bond; seconded by Councilman Burry, and unanimously adopted. V PUBLIC HEARINGS A. ORDINANCE NO. NSo3.12 (Continued from February 7) Ord.NS-3.12 Regulating Mr. Fmff recalled for the Council that the ordinance was introduced keeping of at the last meeting and a copy was sent to Mr. Nielsen for review. horses There has been no reply from him and no other letters regarding this matter have been received. Mayor Glennon asked if Mr. Nielsen was present. There was no response, and no conunents from the citizens present. SARATOGA CITY COUNCILMINUTES - FEBRUARY 21, 1968 - Continued V. PUBLIC t~ARINGS - A. ORDINANCE NO. NS-3.12 - KEEPIN~ OF HORSES Ord. Councilman Burry said that he was.against the licensin~ section -- that NS-3.12 the ordinaaca should set up a zone inwhich you may.have a horse or Keeping horses; that he didn't see any reason for use permits or licenses. of Horses The City Attorney mentioned that ~. Burry was not p~esentat the first portion of ~e public hearing and Councilman Burry said that he was present when Fir. Nielsen was here on the 50 ft. distance matter. ~xe City Attorney said he ~uuld like to see a vote on this since it had been kicked around for almost ~o years. Councilman Burry moved to close the public hearing; seconded by Councilman Tyler and carried unar, imonsly. Councilman Robbins made the motion to adopt NS-3.12; Councilman Burry seconded, and the motion carried unanimously. Ord-38.18 M~yor Glennon then presented 38.18 having to do with licensing, Licensing Councilman Robbins moved to adopt the ordinance; Councilman Tyler Horses seco;~ded and it carried with Councilman Burry dissenting. Res.410 Mr. Huff brought up the matter of Resolution No. 410 establishing the Fee for licensing fee at $10 per horse. Horse license Councilman Tyler said that it was the feeling that this is a one-time license an,/that the cost should be $10. Councilman Tyler moved to establish a $10 one-time fee for licensing a horse. Councilman Robbins seconded aml the motion carried with Councilman Burry voting NO saying he couldn't. vote against licensing and then vote for the fee, A 10 minute recess was called, following which bnsiness before the CoUncil was restmned. B. WESTBF, OOKA~EXATION REQUEST Mayer Glennon opened the hearing on the matter of annexing Westbrook to the City Of Saratoga, and FtA'. Oshar Thurnher of 18941 Sunnybrook Court, Saratoga, Was the first to speak. He pointed out that West- brook is Saratoga in nature, through po~t~l address and in character; they they, like Saratoga, are protected by County Sheriff, served by Westbrook the same fire districts, and school districts and rightfully; should Annexation be a part of Saratoga. Their homes and property are the quality of the Brookview area, just across Prospect from them. This area, he said~ was built in the 1950's and consists of six major streets, 4 cul-de-sacs and 92 homes on lots ranging from 10,0O0 to 28,000 sq.ft. Like Saratoga, there are no sidewalks and no street lights; it has a rural aCmosphere. He presented a number of slides to show the beauty and character of the area. tle stressed that they work as a team in Westbrook for the betterment of the area, both from an educational and recreational standpoint, end in keeping their standards high. The citizens, he stressed, want the area annexed to Saratoga for the mutual benefit of both. Shelley (Jilljams, of 119.51 Brookridge Drive, Saratoga, pointed Out the beauty of the area, the pride they have in maintaining their property and in improving its appearance, such as landscaping and brick pillars and lights at the entrances to the tract. He presented charts showing the population, the tax potential and the gas tax revenue to be derived from the area. }le introduced outstanding residents of the area and pointed out that they are well represented by members in the PTA and K/wanis groups, and in art, drama and educational groups. Mr. Dale McIntire, of 12462 Woodside Drive, Saratoga, a neighbor on the other side of Prospect Road, Spoke up to urge annexation of Westbrook because he felt this would be an asset to Saratoga since the area is Saratoga economically, socially and geographically; the residents have leaders in their ranks and are devoted toward promoting community improvement; they have cc~aunity spirit ax~ get things done; there is 100X participation in community activities, and they have a burning desire to became physically a real part of Saratoga. Mr. Rod Fagin of 18831 Kosich Drive', Saratoga, affirmed Mr. McIntire's position in endorsing Westbrook annexation, as did Mr. Bud Beaudoin, 13304 Pierce Road. -4- SARATOGA CITY COUNCIL MYNUTES - FEBRUARY 21, 1968' - Continued B. WESTBROOKA~qEX&TION P~QUEST - Continued Mayor Glennon asked Mr~ ~urner whether any considerhtion had ~een given to the cost that would be involved insofar a~ the City was. Westbrook concerned in widening Prospect Road if annexati{~n did take place. Annexatiop , .Mr. Thurner replied that it had been considered and that they felt that they would try to help solve it. He said that even if the area remained in the County, Prospect would have to. be widened and that perhaps something could be worked out economically with the County contributing toward the widening. He said tbat they had made it clear to the County that if they were not annexed to the City of Saratoga,, they preferred to remain in the County, rather than to anImx to S~n Jose, Mayor Glennon advanced the idea that it might not be wise to cross Prospect with our boundary line; that it might be econcmically wise to keep it more or less straight, within the present boundaries, at least not cross main thoroughfares, Councilman Robbing said the cost of widening Prospect was certainly a consideration and might be one of the stun~bling blocks to annexation. He wanted more information on the cost of widening. Councilman 9]ler said it might be setting a precedent and other areas might present similar situations, ~he~eupon Planning Director S~anley Walker ~aid tha~ the other areas are small, possibly such as that to the west of Westbrook, across Johnson Avenue. Mr. Thurnher asked that a vote be taken tonight, subject to a satis- factory arrangement on the cost picture. Mayor Glennon said that it is basically a question of what advantage Saratoga would derive from annexation. Dr. b~rgaret Johnson of the staff of County Health Department, a resi- dent of Westbrook, Mrs. Charles Kessler, and a F~. James Hardy of Saratoga Woods spoke further in favor of annexation, Mayor Glennon said that he would not want to vote on the matter at this time; Councilman Robbing said he favored annexation but that the cos~' of widening'should be solved first; Councilman Berry said that was his feeling, too; Councilman Iy!er said that h~ is primarily concerned with the cost. He suggested that this be worked out with the Public Works C6mm{ttee. Whereupon, the public hearing was closed after M~yor Glennon asked that the Public, Works Department come up with an estim- ated cost of Prospect widening. VI .ADMINISTRATIVE MATTERS A. MAYOR I.C.C. Mayor Glennon announced that the Inter-City Council would meet at Mtg. Pl:ateau on March ~ and that the program would be proceeded by Civil Defense school. B. FINANCE Bills - (1) .Payment of Claims - It was mo~sd by Councilman Berry, seconded by Councilman Robbins, and carried unanimously to approve the disbursements, totaling $28,975.73, and to authorize the Mayor to sign the warrants. - Finance (2) .Treasurer's report and City Clerk's financiaI~report were Reports received by the Council. SARATOGA CITY COUNCIL MII~'UTBS - FEBt~UAKY 21, 1968 - Continued C. COUNCIL COi'~ITT~,ES AND P~PORTS (I) Councilman Burry reported that there was nothing from the Menage- ABAG ment and Policy Committees, but he brought up the matter of Membership ABAG and asked the wishes of the Council about continuing in fl~e organization after the recent embezzlement° It was the general consensus that Saratoga should remain in ABAG. Spaich (2) Councilman Tyler reported that the PlanniDg Con~nittee met with property representatives of Foothill Development Company re participation storm drain- in the storm drain construction across the Spaich property. Verde Vista He said the fact is that we have $36,000 to put into the storm drain because of the storm drain problem around the school plus $35,000 on Verde Vista. It was the recomnendation of the Planning Committee that the City Verde Vista participate in the development of Verde Vista with Saratoga Assessment Foothills Development Corporation on an assessment district District basis and further that the City take an 18 month option on 3 lots bordering the Foothill School, which might be needed for a city park. Councilman Robbins suggested that the city share should come out of the Storm Drain Fund. Co'ancilman Tyler moved to adopt the Committee report provided that storm drain funds be used where possible. Councilman Robbins seconded and the motion carried unanimously. E. CITY ADMINISTRAEOR Bids (1) Tr~e City Administrator requested authorization to seek bids for for CAIY, and it was so moved by Councilman Robb~ns, seconded CATV by Councilman Burry, and carried unanimously. (2) The matter o~ refund of storm drain fee to Mr. Guist for whom Guist the Council rescinded site approval and released inspection fee Storm on January 18, was brought up by City Administrator with the Drain request that the ar, ount of $450.00~ the storm drain fee, be Refund refunded. Councilman Burry asked what the cost had been to handle this, and the City Administrator said that the costs had been covered by the filing fee cost, which was not refundable. Councilman Burry moved to refund the storm drain fee; Councilman Robbins seconded and the motion carried unanimously. VII COMMUNICATIONS A. WRITTEN Solicitors (1) A number of written requests were discussed with regard to the Complaints representatives of Local Readers Service who had been annoying residents by the methods ~ley used in attempting to get into homes to sell subscriptions, and the matter of barring them from Saratoga was discussed. The Council directed that a letter be sent to the people on Ted Avenue expressing the Councils ' disappointment at being unable to control this type of inter- state commerce. Blue Ridge (2) A letter from David L. Fisher, President of the Homeowners Homeowners- Association of Blue Ridge, Tract 3101 was discussed, and it was re explained that our file for this tract was still "impounded" by the Court,- but the Public Works Director said he believed that much of the problem existing here would be alleviated when ~he adjacent lands were developed. He was instructed tO see what could be done for the residents in this area between now and the time~the nex,~ subdivision to the east is built, and to con- tact the Homeowners Association to l~eep them advised. SAR'ATOC, A CIl'r COUMCI~ ,~lI~'~'l'~ - FF. BRU~gY 21, J.gE~ - Continued Herriman (3) The City Administrator brought to the attention of the council Avenue a letter from M~-. and Mrs. Zaitz objecting to the possible Extension extension of Herriman Avenue, requesting a study be made by the Chief of Police and Safety experts. It was decided that this matter sHOuld be considered with the General Plan. Commercial (4) A letter from ~S. Mary S. Wade, concerning the eyesores Of homely Building commercial buildings, such as the post cffice, was discussed; The letter asked if something couldn't be done to prevent any A~pearance such buildings from going up in Saratoga in the future. The Council referred the matter to the Planning Commission. C-S zone (5) The. Council reviewed B. T. Galeb's letter concerning develop- Development ment near the railway. (6) ~e City Administrator eel, led attention to a communication from Springer John Wiliioms of Springer Avenue, who complains of a drainage Avenue situation in a ravine that affects his access road, and sug- drainage gasted that this could be directed to the Public Welfare Com- problem mittee for study. He pointed out that the area and tributary areas' runoff has been increased by development and created a problem in the ravine. The Public Works Director said that he hsd seen this problem; earlier this year. The Drainage Problem QueStionnaire revealed that it is a natural swale and, though the drainage may be increasing, ~. Shook does not believe it is the responsibility of the City. ~. William8 was present and asked that the matter be reopened. He said he was told by }~. I~nnett, who re~aired the road once, that the problem would get worse as more houses are built. Mr. Williams said that he built a ~onc~ete spillway liO ft. long and filled it with rock and rubble, and while it slowed down the flow somewhat, other slides occurred this year and the road is now on the Verge of becoming impassable. M_~yor Glennon referred the matter to the Director of Public Works to look into the problem again and see if there is anything we can do. He reminded Mr. Williams this is not really the City's problem, but he instructed the Director of Public Works to render any practical help we can. VIII ADJOURNMENT Before adjournirg the meeting, ~v~yor Glennon acknowledged the presence of Planning Conmissioner Jerry I(asner, Mrs. Stark of the Good Government Group, Dale Mcintire, Oskar Thurnher, Jerry Smith, and Other visitors, and thanked them for attending the meeting. The meeting was adjourned at I1;10 P. M. Respectfully submitted, J. R. HUFF, CITY CLERI{