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HomeMy WebLinkAbout10-02-1968 City Council Minutes SARATOGA CITY COUNCIL SUMMARY OF MINUTES TIME: Wednesday, October 2, 1968 - 7:30 PM PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave.~ Saratoga, Calif. TYPE: Regular Meeting I. ORGA~NIZATION A. ROLL CALL Present: Councilmen Tyler, Robbins, Smith and Dwyer Absent: Councilman Sanders B. MINUTES Minutes The Minutes of the meeting recessed to Septj 30, 1968 will be con- sidered at the next regular meeting. II. BIDS A~]D CONTRACTS A. TRACT 4301 - OVERSIZE STORM DRAINREII~URSEMENT AGREEMENT Mr. Huff introduced the agreement under which the developer~ Tr. 4301 Saratoga Foothills Development Corporation would be paid the sum of Storm Drain $255.63 per acre frpm future development in Ithe drainage area for the Reimburse. cost of installing oversize storm drain facilities in Tract 4301 . Agreement Mr~ RobbiBs moved and Mr l Smith seconded that the M~,yor be authorized to sign the agreement for the oversiz~ storm d~ai~ ~eim- bursement agreement for Tract 4301 with the, Saratoga Fo6~iil~ De- Velopment Corporation, aad the motion carried unad~ousig~ B. VERDE VIST~ I~E ACQUISITION AGREEMENT - John L. Xrumpotich and Claire Krumpotich V~rde Vista Mr. Huff explained that this was the last parcel to be acquired A~q. Agree. for the Verde Vista Lane Improvement Project, that the purchase price m&nt. of $10,200 was a thousand dollars higher than the appraisal, but that this sumwould be offset by avoidance of the costs of condemnation proceedings. Fir. Smith moved that the P~yor be authorized to enter into the agreement to purchase Verde Vista Lane Improvement Project, Parcel No? 11 from Mr. and Mrs. Xrumpotich for the sum of $10,200; Mr. Robbins seconded the motion, which carried unanimously. C. VERDE VISTA IMPROVEleNT PROJECT - CONSIDERATION OF BIDS ON SALE OF IMPROVEMENT BONDS Verde Vista - ~'~. Ruff reported that the Stern-Brenner Investment Company S~le of had offered the best bid at 5.3984 percent. Bdnds D. SARATOGA CAMPUS ASSES~4E~ DISTRICT - CONTRACTOR'8 REQUEST FOR : TIME EXTENSION Mr. Smith read the report of the Public Welfare Co~ittee recom- S,.C.A. mending a time extension of 22 calendar days for completion of the Time project by the A. J. Raisch Co., follo~Ting which the penalty clause Extension might be invoked, but allowing 60 calendar days for completion of the Request traffic signal system as specified. Mr. Robbins moved Council approval of the action recommended in the Committee's report; Mr. Smith seconded the motion which carried unanimously. E. CHANGE ORDERS 21 and 22, FRUITVALE- ALLENDALE PROJECT C.O. 21 & Mr. Huff recounnended approval an addendum to Change Order 21 to 22 - SARATOGA CITY couNCIL MINUTES - OCTOBER 2, 1968 -Cont. removal of the concrete pillars at the entry to the O~d Fellows Home on Fruitvale- Fruitvale at a cost of $575.00, since the pillars constituted a traffic ~llemHale sight distance hazard. He also reconm~ended approval of Change Order 22, Project allocating $565.00 for an additional 108 feet of electrical conduit C~ O. 21 on Saratoga Avenue, needed because of a change in the location of the & 22 electrical service connection point. Costs for both changes were charge- able to the City. Mr. Robbins moved approval of Change Order and the addendum to Change Order 21 for the Fruitvale-Altendale Improvement Project; Mr. Smith seconded the motion IJhich carried unanimously. III' PETITIONS, ORDINANCES A~D FO~IAL RESOLUTIONS A. RESOLUTION NO. 455 - RESOLUTION AD~FHORIZiNG OPERATION OF COUNTY HOUSING AUTHORITY IN THE CITY OF SAF~TOGA Mr. Smith read the Public Welfare Committee report recommending that the County Housing Authority be authorized to operate in Saratoga. Res. 455 14r. Robbins stated that he had voted against the issue previously, County ".and still thought that while the proposal had merit, he felt that HOusing A~thority Saratoga was essentially a community of homeowners, not renters, and i that_the=Rur~os~fthe,housing act, x~htle x~orthy in man~ respects, · 1. Councilman Robbins asked that the following paraF~ph be - added to his commen~s on Resolution No. 455, on the County 'Housin~ Authority, pa~e 2, paragraph III. A. as follows: ~Iinutes "Mr. Robbins said that he favored two restrictions to the op- eration of the Housin~ Authority in addition to those proposed by the Public Ijelfare Committee. The first would limit rentals in Saratoga to Saratoga rosi~ents. The second would keep the llouSing Authority fro~ leasin~ units in Saratoga that had, not ~reviouslv been rented for soma period of time, so that · the Authority by its operation would not tend to increase the number of rentors and de crease the number of homeowners Vista C. RESOLUTION NO. 457 - RESOLUTION ~iARDiNG SALE OF BONDS - VERDE VISTA Res. 457 i~ROVE~NT PROJECT Verde ViSta i~k". Robbins moved adoption of Resolution No. 457, awarding the i sale of Verde Vista Improvement Project Bonds to the best bidder, 7~ard of Stern-Brenner Co; Mr. Smith seconded the motion, which carried unanimously. Bonds D. RESOLUTION NO. 36 -B-97 -- RESOLUTION ACCEPTING STREETS IN T~CT 3729. TEP~RA L~ERA, AND RELEASING SURETY BOND Res, 36-B-97 b~. Shook reported that final inspection of improvements in Tr. 3729 the tract indicated that all deficiencies had been corrected, and he recommended that the streets in Tract 3729 be accepted into the City '~ i ~. Robbins moved and ~ Smith seconded adoption of Resolution No. 36-B-97, and the motion carried unanimously. E. ORDINANCE NO. NS-3-ZC-46 .' AN ORDiNANCE Ai~ZNDING ORDINANCE NS-3 'THE Ord. ZONING ORDINANCE, BY AI4ENDING THE ZONING MAP. NS-ZC-46 Mr. Huff explained that the Public Hearing had been held Sept. 18 ~.V.S. Co. and that if the Council desired now was the time for adoption of Rezoning the ordinance rezoning from agricultural to professional-adrainistrative approximately 13 acres located north and south of Village Drive between Saratoga and Cox Avenues and Saratoga Creek, as requested by the M.V.S Company, for conditional reclassification of the property as nozed. SARATOGA CITY COUNCIL MINUTES - OCTOBER 2, 1968 - Continued Mr. Smith moved adoption of Ordinance No, NS-3-ZC-46, Mr. Robbins seconded, and the motion carried unanimously. F. ORDINANCE 38.23 - AN ORDI~]CE OF T}~ CITY OF SARATOGA ADDINGARTICLE III TO CNAPEER 8 OF THE SARATOGA CITY CODE, IMPOSING REGULATIONS ON SOL - Ord. 38.23 ICITORS A~ PEDDLERS Limiting. hours of Mar. Smith read the recommendation of the Public Welfare Co~nittee solicitors to modify the ordinance, which would limit door-to-door solicitation & peddlers to the hours of 8 A.M to 8 P.M. as it was the committee finding that such solicitation could be effectively conducted within those hours. Mr. Smith moved adoption of Ordinance 30.23 as introduced; Mr~ Dw~et seconded the motion which carried unanimously. IV. SUBDIVISIONS, BUILDING SITES, AND ZONING REQUESTS A. TRACT 4279- ACCEPTJdqCE OF IMPROVEMENTS, ARROYO DE ARGUNLLO 1,~. Shook reported that construction of improvements in Tract Tract 4279 4279 had been completed satisfactorily and he was recommending acceptance Acceptance ~f improvements for construction 0nlyand that he recommended accep- of con~t~ tance of the street and release of bond n6t b~ g~ant~d until all de- rUction ficiencies were corrected at ~h~ en~ ~f the one-year maihtenance period. ~,~i RobbinS moved, a~a ~i.Smi~ SeConded, acceptance of con- ~truction only 6f improve~eh ia T~a~t ~o. 4279, Arroyo de Arguello; and the motion carried unanimously. B. TRACT 3900 - ACCEPTANCE OF IMPROVEMENTS - WALNUT LANE ; Mr. Shook reported that construction of improvements in Tract 3900 had been completed satisfactorily, and he was recommending acceptance of improvements for construction only. T~. 3900 Mr. Robbins moved, and Mr. Smith seconded acceptance of construc- Construction tion only of improvements in Tract No. 3900, Walnut Lane. The motion ~ceptance carried unanimously. C. RESOLUTION NO. SDR 771~1 RESOLUTION GRANTING CONDITIONAL FINAL SITE APPROVAL - MANFRED KAHL Mr. Huff said he was recommending adoption of Resolution No. SDR 771-1, S,D.R.-771. grantin~ conditional final site approval to Manfred Kahl on Allendale S~te Avenue, upon the applicant's depositing a bond for $4,800 to assure com- Approval plotion uithin one year of conditions A through E as listed in the res- ~ olution, and upon submittal of the record of survey and approved engineered improvement plans. Mr. Robbing moved adoption of Resolution No. SDR 771-1, Fur. Smith seconded, and the motion carried unanimously. D. C-115 - E~'!IN E. COX - REQUEST FOR RECOMSIDEP~TION OF CONDITIONS IMPOSED PRECEDENT TO ORDINAiqCE NO-3-ZC-44 BECOMING EFFECTIVE Mr. Huff said the matter had been placed on the agenda at the request of Mr. William Clark, present in the audience, an attorney C~115 representing Mr. Cox in the absence of attorney William Glennon. C~x Mr.Clark stated that he was requesting clarification of paragraphs Rezoning in the a~reement drmm up by City Attorney Johnston which as sta~ed would seem to give the City the right to move for abatement of Mr, Cox's nonconforming garage within one year, although another paragraph in the same agreement indicated that the City was granting a five-year continued use. Mr. Johnston explained that the contract was a difficult one to drm~ up, as the City did not want to give up its rights to civil junctive relief, should the garage operation become a nuisance, and Mr. Smith stated that this was his understanding also. -3- SARATOGA CITY COUNCIL MINUTES - OCTOBER 2, 1968 - Continue~ The Council agreed to a restatemeut of the questioned paragraphs. C-115 and such modifications as might be necessary to indicate that Mr. Cox COx Rezoning might continue to operate his garage for a five-year period as at pre- sent without the city seeking injunctive relief, but that the City was not giving up any rights to abate or otherwise utilize criminal proceedings to eliminate the use within that period. V. PUBLIC HEARINGS There were no public hearings at this meeting. VI.' ADMINISTRATIVE MATTERS A. MAYOR 1) Ai~qEXATION - LAFCOMEETING Mayor Tyler reported that LAFCO had returned the annexation appli- Sanitation cation of Sanitation. District No. 4 for some readjustment of boundaries, Dist.#4 and that it had taken no action on Saratoga's request for conditioning Annexation the annexation as proposed. Prpposal }Is stated that Ma:. Huff was preparing a letter for transmittal ! to LAFCO, outlining in some detail the City's position on annexation. 2) NOISE ABATEMENT - FAMILY SHOPPING CENTER, QUITO ROAD Fmnily Shop. The Mayor noted the presence of Mrs. O'Neill in the audience, Cehter in reference to her earlier complaint about the excessively noisy No~se operation of the compressor in the Family Shopping Center store, operated by Mr. Costa. Mr. Walker stated that Mr. Costa had been informed of the need for adequate soundproofing of the equipment, 5utthat apparently he had not taken any st~ sinte the notification of September 16th. City Attorney Johnston said that under existing City Codes~ no permits could be issued if they were in violation of other codes, and that if Fn~. Costa's operation was in violation, his building improve- ment permit could be revoked. Without objection, Mr. Tyler asked Mr. Walker to advise Mr. Costa that his permit could be revoked, if he did not take steps to provide adequate soundproofing. B. FINANCE Mr. Smith moved, and Mr.Robbins seconded disbursement in payment Bills of Warrants No. 10070 through 10135 for the amount of $43,384.58, and authorization of the Mayor to sign the warrants; the motion carried unanimously. C. COUNCIL COI~4ITTEE8 AND REPORTS None D. DEPARTMEFE HEADS AND OFFICERS Grading 1) Mr. Muff stated that the City Attorney had prepared an ordinance Ord, amendment covering excavation and grading ordinances, which were no~ ~nendments being reviewed with the Building Inspector. ~ Mr. Johnston said the Ordinance No. 38.24 would coordinate and bring together a number or ordinances amendments that had built up over a period of time in respect to the building cod~. Ord. In the absence of.objection, the Mayor ordered the introduction of 38.24 Ordinance No. 38.24. SARATOGA CITY COUNCIL MINUTES - OCTOBER 2, 1968 - Continued 2) Planning Director Walker said he had nothing to report. Wine 3) FIr. Nigby presented a request from the faculty wives and women of th~ Tasting West Valley College to conduct a ~.;ine tasting party from 6:30 to 8:00 P.M. Request in the Council Chambers on November 9, 1968 preceeding a theater performance. .The Council grated the request. 4) Mr. Higby presented requests from the Los Gatos-Saratoga Theater Requests Group to serve champagne only after the closing performance of their to next shows on the evenings of Oct. 25, 1968; Jan. 17, March i4, and May serve 16, 1969, in the lobby of the Council dhambers;.and he also entered Chsmpa~ne the request of th@ West Valley Light Opera Association for a champagne in Council party at the opening of their next production on November 30, 1968. Chanbers The Council granted the requests of the Theater. Group and of the Opera Association. Tr.43015) Mr. Shook recommended release of Monument Bond,Tract No. 4301 Monument since the monuments had been inspected and 'c~ere found satisfactory. Bond Mr. 'Robbins moved, and FIr. Smith seconded release of Monument Bond Tract Mo. 4301. ~Inciner~or FIr, Huff noted the invitation to the Council to View the operatioh of the new incinerator being used by Green Valley Disp6sal ~6mpany. 7) Mr. Huff read the invitation to participate in the opening Scenic celebration of Highwa~ 9.' as an Official State Scenic Highway at 11:30 Highway in front of Monte Sereno City Offices on Oct'. 4; Mayor Tyler~ FIr. Robbibs Dedication and FIr. Smithindicated'their intention to ~t[end. Jr. 8) FIr. Huff referred to his m~mo requesting that FIr. Do~sey be Civil promoted to the post of Assistant CiVil Engineer for the City of SaratOga, ~ng. and that FIr. Shook seek a new Junio~ Civil Engineer to fill the poSitian vacated by Mr. Dorsey. The Council referred the matter to the Management Committee. '9) In reference to the proposed loading zones to be located on Big Basin Way in th~ vicinity of the Victorian Village, Plumed Horse and Plaza Del Roble, FIr. Huff said that an ordinancd would be required to establish the zones, The Mayor directed the City Attorney to prepare the ordinance and a resolution extending 2 hour parking limit on Big Basin Way to Sixth Street. 10) P~. Huff noted the letter of September 17, 1968 from the Copen- Copen' haver Construction Co. on Village Parking District No. 1 was for in- baver formation only. COMMUNICATIOONS A. WRITTEN 1) In reference to the inquiry of Mrs.William Scoggins regarding 00ngress traffic conditions in [he vicinity of Congress Springs Elementary School, ~rings Mayor Tyler asked Mr. Huff to advise Mrs. Scoggins of the steps which were Traffic being taken. Mr. Huff stated that he had received a copy of a letter from "~ cnuthern Pacific Railroad to the Public Utilities Commission regarding the cross~e ~ates at Cox Lanes and that he had requested further de- tails from the'rail~.~,y company upon actual r~sks RnH hezard experienced under similar Croe~in~ 5~te cond'!ti~ .... -5~ CITY COUNCIL MINUTES - OCTOBER 2, 1968 - Continued B. ORAL 1) Mr. R. Sc~inn, stating that he spoke for himself and other reSi- Via Real d~nts of Via Real, in asking if certain large oaks near the bridge con- Bridge struction could be protected from removal by the contractor, and that & oak the residents deplored the presence of the bridge for use by automobiles. The Mayor responded that the bridge ~;as found to be necessary trees to allow the required number of entrances to the subdivision, and that although both the Planning Commission and the Council deplored the loss of trees, it had been found necessary to remove some for installation of the bridge. Mr~ SChwinn s~id he thought at least one major oak Could be saved, because of t~e position of the pathway, and the Mayor asked Mr. Shook and ot~e~ staff m~rs to look quickly into the possibilities of saving the ~r~es. VII. ADJOURNMENT After expressing thanks to Miss Mary Moss of the Good Government Group for serving coffee at recess, the Mayor noted that there was no further business before the Council. ~. Smith moved adjournment, Mr. Robbins seconded, and the meeting was adjourned at 9.41 P.M. Respectfully submitted, j. jHu~ff, Cit~~rk ' -6-