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HomeMy WebLinkAbout07-17-1968 City Council Minutes SARAT00A CITY COUNCIL SU~Y OF MINUTES TIME: Wednesday, July 17, 1968 7:30 P. ELACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, Calif., TYPE: Regular Meeting I. ORGANIZATION Mayor Hardnan called the meeting to nrder at 7:39 P. M. A. ROLL CALL Present: Councilmen ~tar~man, Tyler, Smith, Robbins Absent: None B. MINUTES · Councilman Robbkns 'a~ked that .~ead !'...that the Council decided ~Ha~ an ordin~h~'~ a~awh up prohibiting door-tO~dbot soliel~a~i~h~. '~B tha~ ~t~'icti~ns on Minutes throw~a~s Will be' s~u~ied by ~h~ CDU~ib, ~hus d~ieting ~efer~nee ' to a combined ordinan~e for both door-to-door solicitation and thrownways Councilman Herman asked that page I of the minutes be corrected to indicate that it was Councilman Robbing, not Hartman, who nominated Councilman Tyler for vice-mayor. It was moved by Councilmen Smith, seconded by Councilman Robbins, ~i~et the minutes of the meeting of July 3, 1968, as continued to end concluded on July 8, be epproved as written and corrected. The motion carried unanimously. C. Saying that he had a pleasent task to perform, Mayor Herman appointed Robert H. I)wyer of 14850 Farwell Ave., Saratoga, to fill R: N. Dwyer the vacancy on the Council. Mr. I)wyer, Manager of Blythe and Co. appointed to San Jose Office, a specialist in municipal stocks and bonds, would be C0uncil a valuable member of the Council, said the Mayor, adding that he had many names to consider for the office, Mr. Dwyer was sworn into office by Mayor Hartman, and took his seat on the Council, II BIDS AND CONTRACTS A. SARATOGA CAMPUS ASSESSMENT DISTRICT - Change Order No. 11 City Administrator James Huff recummended approve1 of Change Order Change Order No. 11, affecting the assessment district share of the Fruitvale N~. 11, project,~o install underground electric service to an existing dwel- S~ra~oga ling and remove overhead service from Parking Area "A", and also to Campus convert a 3-inch irrigation main to domestic service to the same Assessment house, for a total sam of $2373~00. District, Councilman Tyler moved, seconded by Councilman Smith that Change Order No. 11, dated July 10, 1968 be approved, and the motion carried unanimously. III PETITIONS, ORDINANCES A~) FORMAL RESOLUTIONS A. ORDINANCE NO. 45 - AI~PEOVING BUDGET FOR CITY OF SARATOGA FOR Ord,. No. 45 FISCAL YEAR 1958=69 Ad~pting 1968-~9 After reading the ordinance approving the budget for the City of Budget Saratoga for fiscal year 1958-59, Mr. Huff noted that,' at Mayor HartmanFa suggestion, an additional $40,000 in anticipated subdivision park fee~funds had been included in the preliminary badget, but that the recent revision in the. formula for distribution of cigarette razes as approyed by the State Legislature had not yet been taken into account. and that this tax return to the City of Saratoga was estimated at some $40,000. SARATOGA CITY COUNCIL SUHNARY OF I~INUTES - JULY 17, 1968 - Continued Ord. 45 Councilman Robbins moved that Ordinance No. 45 by adopted, subject 1968-69 to subsequent review of final copies by the Council. Councilman Budget Tyler seconded the motion, which carried unanimous ly. Mayor Harman commented that the 1968-69 budget would continue the City*s ten-cent tsac rate, which hopefully, would be continued for s~me 'time at least, depending upon the wishes of the people regarding development of parks av~l recreation. B. ORDINANCE NO. NS-3-ZC-41 - AN ORDINANCE AMEI~)ING ORDINANCE NO. NS-3, ~ ZONING ORDINANCE, BY ANEI~)ING ~ ZONING! NAP Ord. The ordinance was read aloud in its entirety by Nr~ Huff. Following NS-3-ZC-41 a brief discussion of the change which would fezone approximately Farwell Ave. 20 acres from 'A' (Agricul~Ural) to 'R-1-40,000' (single family rezoning ~esldential), On the north side of Farwell Avenue between Fruitvale ahd Wildoak ~Iay, Councilman Robbins noted that the r&zoning was in ~cord ~with the City!s General Plan, and moved adoption of Ordinance No'~ NS-3"~.C-4i. Councilman Smith Seconded the motion which carried a im'ous y. C. RESOLUTION NO. MV-15 - ESTkB~ISHING STOP INTERSECTION ON SCULLY AVE. AT PROSPECT ROAD Rss. MV-15 Mr. Huff recon~aended adoption of Resolution No. MV-15~ Sta~ing that ~rterial Stop - Scully Avenue was the only remaining street intersecting PrOspect Prospect and Road from the south that lacked an arterial stop sign. Scully Councilman Smith moved, and Councilman Robbins seconded adoption of Resolution No. MV-15, which motion carried unanimously, D. RESOLUTION NO. 441 - A RESOLUTION AP~ROVING FORM OF RESOLUTION Res. No. 441 AND GRANTING CONSENT OF THE CITY FOR PROCEEDINGS OF DISTRICT NO. 4 Sanitation SANITARY SEI4ERAGE PROJECT NO. 1968-2, UNIT NO. 3 District ~ Mr. Huff introduced the resolution, a non-agendized item, stating that it represented a change in procedure relative to Sanitation District No. 4 and the City. Formerly, he said, District No. 4 would pass a resolution of intent to establish a sanitation assess- ment district, and then ask the City for a permit. Now,, by act of the Legislature, the city was asked to act first, followed by action of the District to establish an assessment district. Mr. Huff explained that the City would not assess the property and that property owners had the right to a public hearing before the District. _ ~. D~yor Hartman noted that he had been present at the meeting of District No. 4, and that there ~zere no protests during the public hearing on the District's intent to annex for the purpose of installing sanitary sewers in the Kosich and Radoyka Drive areas. ~he Mayor then asked if any were ~resent in the audience to protest the annexation, and there were none. Councilman Robbins moved, and Councilman Smith seconded, adoption of Resolution 1~o. 441, which carried unanimously. ' IV. SUBDIVISIONS, BUILDIN~ SITES ANO ZONING RF~UESTB ~ A. SDR=577 - D~ILjBVICDI SBR-5~ ~ee refund 14z. Huff explained thac the letter dated July I0, 1968 signed by Request Anna and NiJo Diiljevich represented a change in the plans for SDR-577, and that the applicants were requesting refunds of the inspection fee of $)50, and cancellation of the offer of dedication for road purposes. l~z. Huff said that this was the first time that this type of request had been made, and that he reco~nnended that it be referred to the appropriate committee for study. Dlayor Hartman said, in the absence of any objection, that he would refer the problem to the 21arming Co~,ittee, and it was so ordered. SARATOGA CITY COUNCIL Sblfi~ARY OF MINUTES - jULY 7, 1968 - Continued R. Dwyer The Hayor also announced that he appointed Councilman Dwyer to take Council his place on the Planning and Policy Co~hittees. Committees B. RESOLUTION NO. SD-743-1 --RESOLUTION APPROVING FINAL FlAP OF PHEASANT ~ RIDGE UNIT NO. 1. Mr. Huff said that the developer was requesting final map approval for Unit No. 1, representing some 14 lots of the total proposed 63-1ot subdivision called Pheasant Ridge, located off Arroyo de Arguello, and that all conditions had been met except that the bond for the railroad crossing had not been posted, and the Flood Control District clearante letter was not submitted, as of the time of pre- paration of the resolution. Public Works Director Robert Shook said th'at the Flood District took the p0Si[ion that they would like to have City concurrence on lines previously discussed fo~ Calabazas Creek, and that no dedication was required at this time since only a single lot 'of the unit was on the creek; and the dedication could be picked u~ 1ater when the entire subdivision final map ~ould be up for approval. He said the District had been asked td review ~he tentative map, end possibly swing or rearrange the streets close to the creek, retaining the flood plain-creek atmosphere. Mr. Shook said the general slope of the land didn*t lenditself too well to the flood plain, since the opposite bank slope might require a levee, and thac the District was seeking concurrence of the City with an alignment proposed by the District. Councilman Tyler said it appeared that the flood plain concept might be a biC late on this project since the tentative map had already been approved, and that the way in which some lots backed onto the creek might deprive citizens of any right of thoroughfare along the creek bed, although the first portion up for approval contained only one lot on the creek. He said ~he Planning C~r~iCtee questioned whether or not granting final approval for the first 14 lots would make it necessary to give final approval for the whole development. City Attorney Faber Johnston, Jr. said that approval of the tenta- tive map, as already granted, set the stage for approval of the final map, and that ~he Council lacked jurisdiction to make changes unless the developer asked for changes, in which case the Council could bargain, and ask for adjustments. Councilman Tyler said the developers had indtcateda willingness to look at possible changes, but that since the Council could not hold them to it, he would recommend approval of the final map. Mayor Har~nan said that he agreed on the basis that only about 15 percent of the development was under consideration for final approval, and that the remainder of the development might be adJust.~d= if logically and financially feasible. Councilman Robbins moved adoption of Resolution No. SD-743-1, granting final map approval for Unit No. i of the Pheasant Ridge development. Councilman Tyler seconded, end the motion carried unanimously. V. PUBLIC HEARINGS A. C-111 - WAYNE F. PENDERGRAFT Hayor Harman declared the public hearing open at 8:18 P. M. In ' reviewing the report of the Planning Committee of which he had been Chairman, bit. Hartman said ChaC it had been found Chat going contrary to the Planning Commission*s reconnendation Chac the request for rezoning be denied migh~ set an undesirable precedent, and that further, a study of the entire zone of the p~Operties in a pie- shaped area on Pierce, halfway between ~ardell and coming co a sharp point on Highway 85 might be appr0pr~aCe. A number of -3- SARATOGA CITY COUNCIL S~MMARY OF MINUTES o JULY 17, 1968 - Continued propercies were involved, and perhaps a different zoning district might be studied, he said. Mr. Pendergraft*s attorney offered co waive any time limitations. P~anning Director ~Stenley}~Walker suggested that a 3-month period could be~utilized fdrf~rther study by the Planning Coaission, td prOVide a,pOssible aolution, and present i= to the Council ae]itS nek~publ~ hearl~.~n the rezoningreqUes~ .~i~hodt 0bjeCeioh, Mayor Ha~tman ordered c~n~inuahca of the Publid Hearing tO the meeting of 0ctob~r 16, 1968. ~6~ ha~ d~c~a~d ~e public he~ring open at ~:2~ P: N. C-1i3 ~o~n~fliafi T~ler noted ~ FIr; Gouvela's ~arcel vas 0n~ of ~he ~blic Hearing la~ges~ vi~in the ~i~gl~ to ~e ~udied ~or pOSsible rezoning, Continued and tha~ it vould be appropriate. to continfie the haaring~t0 ~he October 16th da~e seC ~or ~he entire section.. He said that ~here ~ere, however, signi~icant di~ferences be~een ~he ~o zoning change requests, in ~ha~ ~ Pendergraf~*s parcel, if not rezoned, could remain unusable, but Chat ~. ~uveia*s req~st ven~ far beyo~ such need. In response to ~. Clarence ~esl ~o spo~ from the audience in opposi~ion ~o any fezohiO, ~he ~yor said chat re~erring the probl~ back to the Planning C~ission did noc necessarily mean that ~here ~ould be any rezoning, but rather tha~ the entire area ~ould simply c~ under stay and review, ~iChou~ objection, ~he public hearing on C-113 ~as continued to ~he Council meeting of ~tober C. ~S~UTION NO. ~0 EST~LISHING SA~TO~ ~ERGRO~ ~I~ DIS- TRICT NO. 2 ~yor ~r~n declared the public hearing open at ~:~0 P. H. ~s, ~0 Underground Several persons, including ~. OverCon, ~. I~pe~lch, Dr. Forbes Utility and ~. ~ooley, spoke, and ~. ~erton questioned ae advisablli~y District ~2 of installing uMerground utility lines in ~he Verde Vista area, basin~ objections on costs cha~ mi~h~ be bone by individual proper~y ~ers, and ~hat ~hey had no objections co the presence of overhead lines a~ u~ili=y poles near Verde Vista. Councilman ~ler moved, and Councilman Robbins seconded closin~ the public hearing, and the Mayor so ordered at 9:05 P, H. in the absence of any objec~ion. Councilman ~ler then c~enCed Cha~ in view of =h~ situation, in Chat only five residen~s of the Verde Vista area seemed =o favor fomation of an undergrou~ utility disCric~ =here, with the res~ of the residents expressinE either 'noss' or "maybe~s', tha~ the project be abandoned, and =ha~ the City acc~ulate the funds from the public u~ili~y for use elsewhere in ~he City. C~ncilmen Smith and Robbins concurred, s=a~in3 ChaC under~ro~d~ should be acc~plished in another area of the ciCy~ere iC was wanted. Co~cilman ~ler moved Co teminate =he proceedings a~ ~o refuse to adop~ Resolution No. 440 creatin~ underEround u~lltty district No, 2 for Verde Vista Lane area. ~e motion was seconded by Council~ man Smith, and passed unanimously. VI ~HINIST~T~E ~TTE~ 'A, ~YOR (1) ~yor Harman said ChaC he had no=hind Co report, SARATOGA dlTY COUNCIL SLr~4ARY OF MINU~S - JULY 17, 1966 -, Continued (2) Co~ncilman Tyler stated that ha had aCtended ehe me~ting of the Mayors' Commietee~ PPC andlCC, which took action on former I.C.C. Mayor Glennou's suggestion thee .the.ICCemplo~ a fUll-tide setre- Mayors' tary; setting an arbitrary' formula for distribution o£ CoSts for Co,h.,ittee supplying office space and planning ~era0nnel to assist in carrying report out work for the planning a~ policy co~ittees, at a cost not .. .to exceed nnuall for cities ,hare. of which Saretnga woul~ pay Couneflfian Tyler moved adceptence of the establishment of a secretary% office ~or the t~yors and the c/t distribution formula. o8 Councilman Smieh seconded the motion, which ~assed unanimously. B. FINANCE It was moved by Councilman Robbins, seconded by Councilman Tyler Bills and carried unanimously to approve the disbursements on the list dated July 17~ 1968, and authorize that warrant~ be drawn in pay ment for a total of $96,758.79. ., Finance The Treasurer's report and the City Clerk's financial report, Reports both dated June 30, 1968 were reviewed without c~nt. C. COUNCIL COMMITTEES ~ax~] REPORTS Museum location Councilman Smith reported the Public Welfare Committee's findings on a permanen~ site in Wildwood Park for the Saratoga Historical Foundation museum, reco~ending that the matter be referred to the Parks and P~creation Coumission~ Without objection, Mayor Hartman ordered that the papers on the museum be placed in the file for the new Parks and R~ereatiOn Con~nission, as one of the many problems i~ would have to consider. D. DEPARTMENT HEADS AND OFFICgRS C-47 (1) The City A~orney Johnston discussed his report as ~ntained ~.V.S. Co. in his letter of July 17, 1968 to the Council regarding Dr. ~M~dioal Village I.N. Abrams Medical Village rezon~ng, reference No. C-43 and No. Zoning status SD-347. Mr. J~nseon stated that on July 23. 1962, a tentative map approval had been granted for development of 28 lots in the M~dical Village and that 10 of the 28 had been developed as approved. Due to some oversight, Dr. Abrems had failed to renew his conditional reZoning on the date of June ~, 1968, as required, and had only renewed his request on June 10, 1968. Mr. Johnston said that the request for renewal of the conditional zoning was too late, that the Council had no jurisdiction to act. and that therefore the zoning of the.remaining 18 undeveloped lots reverted ~o its original "A" or agricultural zone. Mr. Johnston said ~hat all his other ~e~orts to the City were writing. (2) Mr. Shook ~nquired of the Council regarding the figUre-of- Tract 4508 way through ~he Pheasan~ Ridge development, so that he could R/W Alignment report ba~k to the Flood Control District, and if the Council was in agreement with the alignment shown on the tentative map for the area. Mayor Hartman responded in the affirmative, stating that the Council had no alternative.. (3) Planning Director Walker reported on the rec~endation C-10~ ~he Planning Commission for an extension of C-106, requested by R-M Zoning Dr. I. N. Abram~ for conditional zoning of the area southwest of Extension the Medical Village to R-M. He said that Dr.-Abrams had aubmitted his request in a timely way on July 8, 1968, and that the Co~ission reco,maended that his application be extended for one year subject to applying £or tentative map approval and preliminary deaign review not later then January 5, 1969. Councilman Robbins moved, Councilman Tyler seconded, and the Council unanimously accepted the Planning Con~ission's reco~nda- tion of July 8 for C-106~ subject to the conditions stated. -5- SARATOGA CITY COUNCIL SU~{RY OF MINUTES - JULY 17, 1968 - Continued VII C0~4UNICATIONS A. WRITTEN . Sarahills (!) In referends to the letter dates Juiy 10,. 1968 from Thomas '! P~ HUdy~ president of Homeowners' AsSodtation of Sarahills, repairs 'U~t 2, ~ddressed to the COuncil, Mr. Shook re~orted that repairs ~d ~'~o~re&sing, ~tth all agencies concerned working to get ~ fid~ieiee back in serVide,. now= that the engineering consultant had r~tdR tha'~ 'soil cbnditions were stable and underground work c~611d ~rdceea~ Mayor Hartman directed ~. 'Shook to so advise I~ Rudy. Brookside Glen (2) Mr. Huff conneared on the letter of July 3, i968 f~omW. H. Lee as a matter of information regarding the Brooks~de Glen apart' ments site near Meale's Hollow. FAI 280 (3) ~. Huff noted an announcement of a hearing before the Board of Supervisors on FAI 280, set for July 22, 1968. B. ORAL Mr. Lee Diehl, attorney and resident of Baranga Lane, Saratoga, complaint re spol~ from the audience regarding ~he manner in which he had been Sheriff's given a citation by a Sheriff's Patrol Deputy, and asking that the Council establish a policy regarding the conduct of officers Deputy in the Saratoga area. Mayor Hartman responded that he could under- stand Mr. Diehl's chagrin, and ~aC he would refer the matter to the ~ief of Police. Mayor Hartman acknowledged, with thanks, the serving of coffee by Mrs. Mary Mass of the Good Government Group of Saratoga, Inc. VIII ADJOUP~NT It was moved by Councilman Robbing, seconded by Councilman Smith, and carried unanimously to adjourn the meeting at 10:10 P. M. .Respectfully submitted, Cj.~R./HU~RK -6-