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HomeMy WebLinkAbout09-04-1968 City Council Minutes SARATOGA CITY COUNCIL SUMMARY OF MINUTES TIME: Wednesday, September '4, 1968 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California ~ TYPE: Regular Meeting I. ORGanIZATION Mayor Tyler called the meeting to order at 7:34 P.M. A. ROLL CALL Present: Councilmen Tyler, Robbins, Smith, Dwyer Absent: Councilman Sanders B. MINUTES Minutes 1..Councilman Robbins abstained .f~om voting on the Minutes of August 21, as he had not been present. 2. Councilman Smith moved that reading of the Minutes oF the Regular Meeting of August 21, 1968, be waived, and that they be approved as written. Councilman Dwyer seconded the motion which carried unanimously. II. BIDS AND CONTRACTS Sheriff A. SHERIFF'S P~rROL AGREEMENT Patrol Contract City Administrator Huff reported on the letter of August 20, 1968 from County E~ecutive Howard Campen, verifying the increased Sheriff Patrol services for Saratoga, an increase to 24-hour per day service, beginning on Oct. 1, 1968. The agreement would raise the total cost for the services from $78,165 to ~ $97,591, and was within the budget allotment for 1968-69. Mr. Robbins asked if there were need for word~ indicating added law enforcement, but Mr. Huff saidthe agreement included the factors as discussed earlier by the Council, and that there was a standard cancellation clause. Mr. Smith moved approval of the new schedule of services and costs for Sheriff's Patrol services. Mr. Robbins seconded, and the motion carried unanimously. B. PA~ING BIDS FOR STREET RESURFACING Street Mr. Huff reported that of the submitted bids,.the lowest were those of.A.J. Resurface Raisch Co. at $13,359.00 for A/C; of McCarthy and Spiesman for oil &~Sdr~enin~s" Bids $43,403.20; and of Bsy Slurry Seal at $8,017.96 for Gilsonite. ~' He said that, although the total bids exceeded budget estimate~b~~ some. $5,000 , he was recormnending that the awards be given to the lowest bidders a~ listed, allow- ing the Director of Public Works to modify the work to be done, at his d~scretion, in respect to the number of streets to be resurfaced this year. Councilman Robbins moved that the Mayor be authorized to sign paving contract awards in accordance with the specifications set for materials, and further that the Director of Public Works be allowed to make adjustments in the extent of the work to be accomplished, at his discretion, to assure staying within the total budgeted~'~t ~ Councilman Smith seconded the motion which carried unanimously. C. ~RUITVALE- ALLENDALE PROJECT - CHANGE ORDERS NO, 19, NO. 20, and NO. 21 Fruitvale Allend~le City ~iministrator Huff introduced three change orders affecting work being Change done on Allendale and Fruitvale, as follows: Orders 1, Change Order No. 19 would permit reconstruction of a manhole for a sewer on Allendale, because the sewer line had been installed prior to realignment of the strc The cost would be laid on the District, not on the City. Mr. Robbins moved approval of Change Order No. 19, Mr. Smith seconded, and the motion carried unanimously. 2. Change Order No. 20 would enable installation of directional signs for traffic to the C611ege and Civic Center.-l~e cost would be assessed against the District, not the City. Mr. Robbins moved, and Mr. Smith seconded approval of Change Order N~. 20, and the motion carried unanimously, 3. Change Order No. 21 contained two alternates, affecting the road at Fruit- vale at the extreme southerly end, in front of the Odd Fellows building entrance pillars where it might be desirable either to. build the street up to its ultimate slope now, or change the grade on southbound lanes to match that of, northbound lanes. The costs could be as high as $1242, or with lesser grading accomplishment, $678.00. Cost of removing pillar~ and reconstructing them was estimated at $460.00. Directo~ 'of Public Works Shook reported that the more expensive alternate would provide a permanent alignment and g&ometrics of the road, and that the lesser alter- nate work, i.f done now, would have to be reworked and replaced later. He sdded that if the road realignment were not to be done for a number of yea~s, there would be no irmmediate concern about it, and the lesser work would be satisfactory during the interim. Mayor Tyler asked if all costs would be assessable to the City, and Mr. Huff replied in the affirmative. Councilman Robbins moved adoption of Change Order Alternate 21A, at a cost of $678.00. Mr. Dwyer seconded, and the motion carried unanimously. Mr. Robbins said it was interpreted to mean that the!entrance pillars would not be relocated at this time. Fruitvale D. TIME EXTENSION REQUEST - ALLENDALE PAVING CONTRACT Allendale Time Mr. Huff reported that the A.J. Raisch Co. had requested an extension of time Extension beyond the Sept. 10 completion Idate set in the contract. The Mayor, without objection, referred the request to the Staff for report to the Counc'il. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS Ordinance A. ORDINANCE NO. 38.22 - ORDINANCE AMENDING CITY CODE BY MODIFYING, CHANGING, 38.22 AND ADDING TO THE PROVISIONS RELATING TO ANIMALS AND FOWL ~nimals & Fowl City Attorney Johnston said that the ordinance represented an updating of the City Code to conform with certain changes adopted by the County Health Department. Mayor Tyler said this was the time for introduction of Ordinance No. 38.22. Councilman Robbins moved that reading of the ordinance be waived at this time, and Mr. Smith seconded the motion, which carried unanimously. Mayor Tyler ordered the ordinance introduced. B. ORDINANCE NO. 46 - ORDINANCE GRANTING COMMUNITY ANTENNA TELEVISION FRANCHISE Ordinance 46 ~ C A T V Councilman Smith said the Public Welfare Committee had received several communi- Franchise cations indicating that there might be some misunderstanding of the franchise terms and proposals, and in an effort to be fair to everyone, he would like the matter referred back to committee, and not be introduced at this time. Mr. Smith said that the committee would meet again to discuss the matter, and then hear from any of the applicants who wished to speak. Without objection, the Mayor ordered that Ordinance No. 46 be returned to the Public Welfare Committee for further, study. C. ORDINANCE NO. 38.23 - ORDINANCE LIMITING HOURS OF DOOR-TO- DOOR z~0LiCITATION~ Ordinance 38.23 Mr. Huff read the .c~m~tete co~ep_~t~s~of the p~opo~e~rdina~ce aloud~ explaining Door-to-door that it would limit dO6r~fo/~8~'~lT~itat~on.~!th~d~r{~h~h~h~ '~'{~k~ Solicitation from 8 A.M. to 8 P.M7~ ~ '="'~"'~'~!~ir~t'~-~-r': ~ ~ ~ ~! =' '~ .... ' '~' ~ ~ Without objection, the Mayor declared the Ordinance to be introduced, and re- ferred tb the Public Welfare Committee. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS SDR-680 A. SDR-680 DON LJEPAVA - FOUR LOTS ON DEBBiEn]LANE Ljepava Mr. Huff reported that all building site conditions required of Mr. Ljepava had been met, with the exception that the parcel map had not yet been recorded. Mr. Robbins moved approval of the building site application, SDR-680, subject to recordation of the parcel map. Mr. Smith seconded, and the motion carried unanimously - 2 - SDR-539 Clark B. SDR-539 - WILLIAM G. CLARK - RELEASE OF FUNDS POSTED IN LIEU OF BOND FOR IMPROVEMENTS. Mr. Huff re~rted tDat all s~te w~rk Bad been accomplished, and he recommended release of the savings account~g~.~'~in lieurof bond for improvements as required in conditions of site approyal. Mr. Robbins moved release of the funds to Mr. Clark; Mr. Dwyer seconded, and the motion carried unanimously. C. SDR-717 - OLIVER-ALAMEDA BUILDING SITE, SARATOGA-SUNNYVALE ROAD SDR-Z17 Oliver 1. Planning Director Walker reported that two building sites were involved,- Alameda one for the proposed funeral home, and the other for the commercial building of Dr. Oliver, on Saratoga-Sunnyvale Road; that all conditions had been met with the exception of signing of the building site agreement; and that the main condition was the requirement for improvement of Highway 85 to the lines set in the General Plan; that bonds had been posted for this purpose for the funeral home and pet clinic, and that another parcel would also require the same t~pe ~f improvement. In response to a question from Mayor Tyler, Mr. Walker responded that if the new C-V ordinance were in effect, par~ing space allocation would be the same, but that sdmewhat ~ore extensive 1 andscaping would be required after September 21, when the new ordinance would become effective. 2. Councilman Robbins moved approval of Resolutio¼ No. 717-1, subject to signing the building site agreement; Mr. Smith seconded the motion, which carried unanimously. D. RESOLUTION NO. SDR-765-2 - BUILDING SITE APPROVAL, GEORGE DAY- ONE LOT ON SDR-765 ALLENDALE AVENUE George Day 1. Mr. Walker reported that all conditions for Parcel B of the building site had been met, with the exception of payment of the share for improvement of Allendale Avenue, as noted in the resolution. 2. Councilman Smith moved adoption of Resolution No. SDR-765-2, Mr. Robbins seconded, and the resolution was adopted unanimously. V. PUBLIC HEARINGS C-115 A. C-115 - EDWIN E. COX Cox Rezoning 1. Councilman Robbins read ~the report of the Planning Committee, dated Sept. 3, 1968 recommending that the application for rezoning of the Cox property be denied, unless the applicant agreed to remove~the nonconforming garage use within a reasonable time period.y~.--. .... j ~=!~'.'-z.."'>~ 2. Mayor Tyler declared the public hearing open at 8:40 P.M. Mr. William E. Glennon, appeari~g in behalf of the applicant, Mr. Cox, asked if the matter could be carried over until after the meeting recess, to allow time for discussion between his client and the Planning Committee, to work out a compromise agreement which would allow removal of the nonconforming use within a reasonable time period, and avoid any litigation expense. Without objection, the Mayor ordered the public.hearing continued after Attorne~ Johnston time to confer on the matter. -- ' ~ B. C-116 - HANSON AND THOMAS C-116 'Hanson 1. Mr. Huff stated that the public hearing for rezoning the parcels from Thomas R-i-40,000 to R-1-20~O00 had been duly noticed and published, and that no objections had been'received. Mr. Walker said that the spli~ off of a half-acre of the Hanson site, and a divisi~on of th~ Thomas property behind Mr. Hanson's property was Rro~osed 2. Mayor Tyler declared the public hearing open at 9:03 P.M. Since no one spoke from the audience, Mr. Smith moved, and Mr. Robbins seconded, that the public hearing be closed, and the motion carried unanimohsly. 3. Mayor Tyler.declared it to be time t Ordinance No. NS-3-ZC-45 for adoption. Councilman Smi'th moved adoption of Ordinance No. N S-3-ZC-45, an ordinance amend- ing O~dinance NS-3, the Zoning Ordinance by amending the Zoning Map, reclassi- lying property shown'on the attached sectional map from R-I-40,000 to R-1-20,O00. Councilman Robbins seconded the motion to adopt, and Ordinance NO. NS-3-ZC-45 carried unanimously. C. UNDERGROUND UTILITY DISTRICT NO. 2-A 1. Mr. Huff reviewed the background on formation of Underground Utility District No. 2, providing for installation of underground utilities on Verde Vista Lane, and stated that since the time of its ~g~nl~o~2~r[ai~L~e~i~een~t~"were'n'ow~ petitioning for 4f~'~a~iiH7 8f'7~ts~afi&~"~i~'~'~=I~n~ ~that h~r~e~nd~l~waa ng'~ on file petitioni~g ~o~ ~rm__a~_~_n.~o~y_f~is~r~ 2~kL~:~Tj~_ -7'~ "~'~'-- "" ~ 2. Mayor Tyler directed that all such correspondence be made a part of the record, and declared the public hearing open at 9:14 P.M. a. Mr Lloyd N. Case, of 20537 Verde Vista Lane, read a' prepared statement from the audience, urging that utilities be undergrounded in the area, and citing several, instances of accidents which might have been avoided had power poles n~t been standing in locations along the street, and that undergrounding would be in the interests of public health, welfare and safety. b. Mr. Allen B~yce, also of Verde Vista Lane, referred to his letter of petition on file, stating that he wished his property included in the District. Mr. Nieman, of 20751 Verde Vista Lane, asked if his property could be included in the district, if it were to b~ extended. c. Mr. Robbins moved,.and Mr. Smith seconded, that the public hearing be closed, and the motion carried una~lmously. 3. Mr. Huff noted that the next regular meeting of September 18 could be set for a public hearing on Resolution No. 399-3, which Would allow time for notifica- tion of other residents who might wish to be included in an extension of the undergrounding of utilities in the 'Verde Vista Lane area. 4. Councilman Smith moved adoption of ResolUtion No. 440, Establishing Saratoga Underground Utility District No. 2-A; Councilman~ seconded, and the motion carried unanimously. ,.~I..~ ' 5. Councilman Smith moved, and Councilman Dwyer seconded, that the .date of Septem- Ber 18, 1968 be set as the date for public hearing on establishment of Underground Utilities District No. 2-B, through adoption of ResolUtion No-. 399~3.Motion carried unanimously. .Mayor Tyler declared the meetin in at 9:35 P.M. ~'The meeting resumed at iO:O1-P.~. recess VI. ADMINISTRATIVE MATTERS A. MAYOR The Mayor noted there would be a meeting of the ICC on the following 'night. B. FINANCE 1. Payment of Claims Councilman Robbins moved approval of disbursements of $38,892.85, an~ that the Mayor be authorized to sign warrants for payments of claims 9963 through 10,006; Mr, Smith seconded [he motion, which carried unanimously. C. COUNCIL COMMITTEES AND REPORTS - 4 - D. DEPARTMENT HEADS AND OFFICERS 1. Mr. Walker reported that a petition had been submitted to the Planning Pierce Department for transmittal to the Council regarding the study of zoning changes Road in the Pierce Road - Foothill Lane area, by Pierce Road residents, and that he Foothill suggested that the petition be referred to the Planning Commission. He added that Lane Zoning the latter group had completed its study on the Pierce Road triangle area referred Study to them, and suggested that both matters be referred to the ~lanning Commission and to the Planning Committee for review. In the absence of objection, Mayor Tyler directed that the matter be referred to the Planning Commission and to the Planning Committee. 2. Director of Public Works Shook reported that a third stop-noti'ce had Village been received in reference to Village Parking District No. 1 from a subcontractor, Parking and Mayor Tyler noted that no action on the matter was required of the Council. stop Notice V. A. RESUMPTION OF PUBLIC HEARING ON C-115 C-115 3. Mayor Tyler declared resumption of the Public Hearing on C-115 open at Cox 10:05. Councilman Robbins stated that the Planning Committee and Mr. Johnston had Rezoning met with Mr. Glennon during the meeting recess. a. Mr. Glennon stated that after a review of the problems, an agreement that was mutually agreeable had been reached, that the property be rezoned from agricultural to R-1-12,500, subject to agreement by the owners of the Cox property to terminate the garage operation and remove the garage within five years of the ~ effective date of the rezoning. b. City Attorney Johnston stated that both the applicant and the developer, Brown and Kauffmann should agree to waive any objection to requiring the agreement to remove the garage as a condition of the rezoning. Mr. Paul Rose representing Brown & Kauffman~w~i~h~r~h~i~'~a~-'Tk~uff~nn~to object to the condi- tion. Mr. Glennon speaking fo~'his client Mr.~ The owner and applicant for ' the rezoning waived Mr. Cox's right to object to the requirment of an agreement to remove the garage as a condition of the rezoning. c. Councilman Smith stated that the City would retain the right to move on abatement proceedings if the use became a nuisance, and attorney Glennon, represent- ing Mr. Cox agreed. d. Mr. Paul Rose, representing Brown and Kauffmann, also stated that they waived their rights, and Mr. Glennon stated the same, on behalf of his client, Mr. Cox. e. Mr. Robbins moved, and Mr. Smith seconded, that the public hearing be closed, the motion carried unanimously, and Mayor Tyler declared the public hearing closed at 10:10 P.M. 4. Mr. Robbins moved that Ordinance No. NS-3-ZC-44 be adopted, subject to the condition that the nonconforming use of the Cox g~rage be terminated and the garage be removed; that the ordinance not become effective until execution of the written agreement; that the agreement be binding on the heirs and assigns of the o~ers. VI. E. CITY ADMINISTRATOR 1. Mr. Huff stated that he had attended the meeting of Local Agency Formation San Dist. 4 Commission in reference to the proposed annexation of 2200 acres west of Saratoga Propose~ to Sanitation District No. 4, and that the Cormnission deferred action on the Annex annexation-~60ctober 1, 1968, to give the City time to study the matter and comment on the proposed annexation. Without objection, Mayor Tyler referred the matter to the Planning Committee. 2. Mr. Huff reported that after a review of bids submitted for rehabilitation Hakone of the caretaker's cottage at Hakone Gardens, he was recommending an expenditure Cottage of $900.00, the minimum necessary to make the house habitable, including replace- Repair ment of the safety v~ve, stove flue, and other plumbing repairs. Councilman Robbins moved and Councilman Smith seconded, that authorization be issued to p~oceed with the repairs to Hakone Gardens caretaker's cottage for the 'Mrs. Sitney 'and Dr. Sturla, aski~g7 th'at~lthe°$4~000 allocated to the Youth Center Youth ge ~i~Hh~z~[ ~he Youth Center,be =authorized to proceed with the improvement Center o£~h'~bnt~e~tr~e and parkihg area. Dr. !~Sturla explained that location Parking of'the rki ~"~'[~ ' ..... ~' .pa ng ~l, -5- lot area as p osed was under study by the ~ reference to future development of the Civic C~jt~'~fe~,~[d '[[e~roposed community park, which was also a factor. Mrs. Sitney, representing the Youth Center, outlined the overall plans of the Center, which might total an estimated $14,155, but that as they had only some $4,500.00 to spend, they were anxious to proceed with one phase, by paving the area directly in front of the Center entrance, and curbs and guttering, plus temporary oil screenings for a parking lot, to avoid the condi- tions'of dust and mud that had been experienced. She added that these measures would be of common benefit not only to users of the Center, but to visitors to the Civic Center as well. In answer to a question from Mayor Tyler, Mrs. Sitney said the Center was willing to put in lighting, but that their financial capabilities would determine what could be done. Councilman Robbins noted that part of the problem of the parking area had been referred to the Parks and Recreation Commissioners for reconmendations on the location, and that the present proposal of the Youth Center might be temporary, and he would favor the work proposed under Phase I by the Center. ~'l. Sturla stated that if the $14,000 worth of work was accomplished by the Center within a year's period, they might have the money, but it would cause the closing of the Center for at least a year. Councilman Robbins moved that a warrant be drawn up for payment to the Youth Center for the sum of $4,000, for capital ~mprovements of the Youth Center, drawn from the 1968-69 budget.' Councilman Smith seconded the motion, which carried unanimously. Youth 4. Mr. Huff referred to the claim filed by NoJ. Cangiamilla filed against the Center City for alleged injuries suffered from a fall in Wildwood Park, May 30, 1968. Cangiamilla ClaimMr. Robbins moved to d~ny the claim and refer it to the insurance carrier; the motion was seconded by Mr. Smith, cand carried unanimously. VII COMMUNICATIONS A. Written ~. The appointment of Mr. Robbins to represent the City on Santa Clara County Water Water Commission was noted by letter from the County Flood Control and Water Cbrmnission 'District, dated August 28, 1968. 2, Mr. Shook noted in reference to the letter of August 28 from Mrs. Lawrence ProSpect -----A~bnSon7 on ~'F~fIic_ 'cb'~d~Gns on Prospect Road near, tWe ~i~h'S~ho;ol~'t~Eh'["'~ Road City was discussing construction of Pro'~pect with City of San Jose and County of Santa Clara. .... Family a. The letter from F.H. Pearson, Jr.,attorney representing Mr~ and Mrs. W.C. O'Neill Shopping of 13501-A Quito Road, complaining about the noisy compressors located on the Center adjacent premises of the Family Shopping Center, owned by Manuel Costa was read. Noise Mr. Walker reported that the shopping center met building setback requirements, but that Mr. Costa was improving his store gradually, and that the compressors, ~ newly installed, and more efficient, were noisy; the job had not been completed. City Attorney Johnston, after scanning City Ordinances, stated that in respect to C-N zones, that assuming the allegation of noise to be true, the ordinance prohibited emission of noise and vibration beyond the site boundaries. On the premise that there might be a zoning violation, Mr. Walker could start with a demand for abatement of the noise within a reasonable period of time; if the noise continues, then the question could be referred to tae,city attorney. The complainants expressed their thanks. B. ORAL 1. Mr. Gary Clark, of 20665 Lomita, appeared to describe the deteriorated Memorial conditions of the memorial arch at the Plaza, and the present collecti on Arch o~ uncollected papers and other debris in the area. Mr. S~ook replied that the bi-weekly cleanup of the area was apparently not sufficient., and that.he would call attention to better policing of the site. Mayor Tyler said he would ask Staff to look into the condition of the Memorial Arch. 2. Mr. Clark also protested the gathering of "Hippies" at the Plaza, especially Plaza Hippies on weekends, and after dark; and that legitimate shoppers in the area, near the Corinthian Antique Studios had been subjected to boo's,catealls and other harassment. Mayor Tyler said that all persons had their rights, and that the City would do what it could within the framework of legal rights, and that the staff and Council were working with the Sheriff on the problem. 3. Mr. Mar~in, speaking from the audience, asked what negotiations, if any, Prospect were in progress on the widening 0f Prospect Road bridge. Bridge Mr. Huff responded that assuming that all agencies concerned were willing to go ahead, there was a possibility for funding by January, 1970. VIII. ADJOURNMENT There being no ~urther business before the'Council, Mr. Robbins moved adjournment, Mr. Smith seconded, and the meeting was declared adjourned at 10:58 P.M. Respectfully submitted, J.R. Huff, City Clerk - 7 -