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HomeMy WebLinkAbout01-15-1969 City Council Minutes SAP~TOGA CITY COUI,]ClL MINUTES ' PLACE: Saratoga City Council C~nbers, 13777 Fruitvale Ave., Saratoga TYPE: Zegular Meeting TI~: January 15, 1969 - 7:30 P.M. I. ORGANIZATION Mayor Tyler called the meeting to order at 7:35 P.M. A. ROLL CALL Present: Councilmen Tyler, Sanders, Smith, Dwyer, Robbins Absent: None B. MINUTES Councilman Robbins asked that the Minutes of Jan. 2, 1969 be corrected to read on page 3, Section V-m, 2nd paragraph, that Mr. lobbins suggested Mr. Neale .be represented at future meet- ings by an attorney. Mr. Dwyer asked that in the smRe para- T.~nutes graph the sentence beginning on line 8 be ~aended to read "The Policy Committee feels that Mr. Bastianelli should be allowed a reasonable amount of time to discuss with his attorney the proposals made at the December 23 Committee meeting and to modify the stand he took at that meeting." b~. llobbins moved and Mr. Smith seconded that the Minutes of the regular meeting of Jan. 2, 1969, be approved as mailed and ~nended, and that the reading be waived. The motion carried with Coun~ilman Sanders abstaining as he was not present at the meeting. II. BIDS ~qD COHTRACTS A. PROSPECT KOAD AGREEMENT IqITH SANTA CLARA COUNTY AND SAN JOSE ~. Smith reported that there was some concern by the Coupty · on including landscaping and construction in one contract; Prospect Road that the attorneys involved were to have a conference ceil to Agreement with iron out contract details; and that specifics of the road plan County & City and other aspects Of the joint agreement were being worked out~ of San JOse ' Mr. Smith asked that the matter be continued ~o give the Public Welfare Committee time t~. coordinate t~e various facets of the agreemeht, and the Mayor sd ordered. B. VIA RONCOLE DRIVE RAILROAD CROSSING AG~EEMENT WITH SOUTHEP~N PACIFIC COMP~qY Mr. Huff reported that the agreement between the City and the Southern Pacific ~silroad would provide a crossing for the Pheasant Ridge Tract adjacent to Via Xoncole, and he recommended S. P. R.R. Co. tha~ the agreement be approved, subject to the approval of the Agreement re City Attorney and upon execution of an addends to the sub- Via Roncole division improvement agreement with Claude Lindsay, developer Crossing of the tract, in which Lindsay assumes all costs of installation assigned to the City in the Southern Pacific Agreement. Mr. JohnstOn eo~m~ented that the agreement was standard in form, but that provisions of paragraph 16 needed some clarification re sharing of maintenance costs. Mrl Huff said that it was s~ilar to other arrangements with subdividers whereby they pay initial capital costs, end then after completion of the one year maintenance period, the City takes over maintenance. He added that he did not think the costs would be significant, but he would check into the matter. Mr. Smith moved, and Mr. Dwyer seconded, that the agreement between the City of Saratoga and Southern Pacific Railway for the crossing on the Vasona Branch near Blue Hills Station and Via Roncole be approved, subject to approval of the City Attorney and subject to an agreement on cost sharing with Claude Lindsay; the motion carried unanimously. Saratoga City Council Minutes Con'd. Page 2 January 15, 1969 C. WILDWOOD PARX LAI~E AGREEMENT WITH SANTA CLARA COUNTY FLOOD CONTROL DISTRICT = Mr. Johnston stated that he and Mr. Huff had reviewed t~e pro- Wildwo0d Park posed agreement, and sm.x some areas for change, and tha~ he Lake ABreement needed a conference with b~. Albert Henley, attorney fo~ the w/FloOd Control District. Mr. Huff added that there was also an agreement with Valley Title Company to be considered, relative to the water level maintenance in the lake. Without objection, since no action was required, the Mayo~ ordered consideration of both documents continued Until res- olution of the problem areas pointed out by the City Attorney. III. PETITIONS, OPj)IN~,ICES ~D FORMAL RESOLUTIONS A. OPd)INANCE 38.24 - INTRODUCTIONS Mr. Johnston reported that the proposed ordinance incorporated Ord. 38.24 all previous ordinances into one ordinance, including soil Eng., Plan engineering contractual services, plan checking fees and super- Checking, fees, visory fees~for grading, and a change in fee scales, ~aong other etc. Bldg. salient points. amendment Mr. Smith moved that Ordinance No. 38.24 be introduced, and the reading be waived; P~. [~er seconded the motion which carried unan~aously. ~ith~ut objectled, the Mayor referred the ordinance to the Public Welfare Committee. B. ORDINANCE NO. j8~6 - ~ ORDIN~qCE OF THE CITY OF SARATOGA ADD- ING ARTICLE 3 ~0 dHAPTER 8 OF THE SARATOGA CITY CODE~ A~ CONTROLLIHG THE ..CUTTING D~'~L P~MOVAL, AN~ ~E~TRD~I0~ OF TP~S Ord. 3~.2~ IN THE CITY OF ~ARATOGA. Tree removal Mr. Huff stated that now was the time for adoption of Ordinance No. 38.24. i~. Smith said that the Public Welfare Committee had considered the ordinance which attacked the problem of destruc- tion of significant or landmark trees, and was recor~nending that the dimension given in paragraph 8~71 be changed f~om 18 inches or more in circumference to read 18 inches or more in diameter to save larg&~ trees. Mr. Smith also cu.-~,~nted on the provisions of Section ~-74, now worded to designate the Director of Public ~qorks as the city officer to decide on hazardous or dangerous tree condition and in regard to SL~ction 8.75, noted that the replacement required was permissive, not mandatory. Mr. Robbins commented that he would prefer come dimension in between the two suggested, and Mr. S~ith said perhaps a figure of 55 inches in circumference would be preferred. Mr. Robbins moved adoption of Ordinance 38.26 incorporating a change in paragraph 8-71 to indicate ".. main stem or trunk which measures 55 inches or more in circumference at a height of 24 ~nuhes above natural grade." Mr. Smith seconded the motion, and Ordinance 38.26 was adopted unanimously, with the revision of Section 8.-7! to 55" circumference~ C. RESOLUTION NO. 465 - RESOLUTION AUIItORIZING THE FILING OF APPLICATION WITH LOCAL AGENCY FOreSTION COMMISSION FOR ANNEXA- Reap 465 TION OF CONGRESS SPRINGS AP~A TO CITY OF SARATOGA. LAFCO - Congress Springs Mr. Huff reported that the Comission had continued-. the Sanits- Annexation tion District application for annexation to allow revision of -2- Saratoga City Council Minutes Con'd. Page 3 January 15, 1969 boundaries for elimination of opponents to the action, and had also indicated favoring conditioning the annexation by the District on annexation action by the City. Res. 445 Mr. Tyler commented that there ~,yere problems of planning for the CongreSs Springs area, including an agreement with the State Division of .'Forestry Annexation for fire protection, amounting to about one dollar per acre per year. ~tr. Sanders reported that progress had been made ~ with LAFCO in recognition of the area es being within the Saratoga sphere of influence, and Mi'. Robbing commented that there was no doubt that the City had the green light an~ should go ahead on the annexation now. Mr. Smith moyed, and I,~. Robbing seconded that resolution No. 465 be adopted, and the motion cnrried unanimously. IV. SUBDIVISIONS, BUILDING SITES AND ZONING ?ZQUESTS A. SDR-609 - LYNGSO IMPROVEMENT AGPZEMENT Mr. Huff said the staff x.?as recoI~aending the 15-month extension for the improvement agreement with LyngsO Company because of SDR-609 an impending project on this section of Highway 85, three months Lyngso requested beyond,a one year extension to make allowance for E~tension potential rainy:'~eather delays in early 1970. of time for improvements Mr. ~.~alker, in reply to questions from the Mayor said t!~at ~. conditions now required per the new C-V ordinance had n~t previously been in effect, bu~ he believed from discussions that the development would be adjusted ~o the ordinance, and that underground utilities and other conditions had either ~een fulfilled, 6r had been bonded for by Lyngso. Mr. Sanders move~, and Mr. Smith seconded that the 15-mohth extension for improvements accomplis[nnent by Lyngso Company be granted from the date of February 21, 1969, and the motion carried unanimously~ SDR~799-1 ~ K~SOLUTION ~P~NTING GONDITIONAL FINAL SITE APPROVAL GR~qD DEVELOP~ZNT COMPanY SDR-799-1 After brief discussion during which I~. Huff reconEended adop~ Grand Develop. Co. tion of the resolution, Mr. ~obbins moved that SDR-799-1 be Cond. Site approval adopted. Mr. Smith seconded the motion, which carried unanimously. The Mayor announced that prior to taking uppublic hearings as Planning Commission agendized that it would be appropriate at this time to announce Appointments - Planning Commission reappointments effective from January 22, Crisp, Bacone 1969 t~r6ugh January 21, 1973~ and to thank the members of the Lively Commission for their devoted service to the City. Those re- appointed were Frederick G. Crisp, Phillip D. Lively, and ~ussel X. Bacon. V. PUBLIC HEA~INGS A. C-119 - OPd)INANCE NO. NS-3~ZC-43 ~AN OPaINANCE AMEI~DING OPaINANCE MS-3, THE ZONING OPaINAI,]CE BY AMENDING THE ZONING MAP C-119 Boyce Rezoning Mayor Tyler declared the public hearing opened at G:10 P.M. Attorney ~illiam Clark, representing Allan G. and Jean ~. Boyce, Said that although it ~as impossible to argue a judgement re- garding ~he preference for R-1-15,000 versus R-1-12,500 zoning as a'sked By his clients, that he felt the former requirement would be too restrictive for the small proposed development, Mr. Clar[~ argued~further that the homesites would no~ be in- compatible with adjacent developments which carled from one acre to 12,500 square foot lots,. -3- Saratoga City Council Minutes con'd. Page 4 January 15, 1989 ~. Smith moved and Mr. Dwyer seconded that the public hearing be closed, and in the absence of objection, the Mayor so ordered at 8:20 P.M. Ord. NS-3-ZC-43 After some discussion of the Planning Conmittee i~port qf Jan. Boyce Rezoning 15, 1969, Mar. Smith moved, and Mr. Sanders seconded adoption of Ordinance He. NS-3-ZC-43 rezoning the Boyce property ~from R-i-40,000 to R-1-15,000. The result of the roll call vote as follows: AYE: COUHCILMEN ROBBINS, S~NDERS ~/qD SMI~{ NO: COUNCILMEN TYLER AND DI'rYER The motion carried, and 'the ordinance was adopted as written, reclassifying of the property from R-I-40,000 to R-l-15~O00. B. C-120 - CO~|TINUATION OF PUBLIC HEARING ON APPLICATIOM TO REZOb~ FROM CONDITIONAL C-C (CO~f~NITY COMMERCIAL) TO ~-V C-120 (VISITOR C~.=~CIAL) 0,462 ACRES OF LA~D LOCATED AT C. Neale NO~THI'~ST CORi~ER OF INTEP~ECTION OF SARATOGA CR~E~ - Rezoning SAP~ATOGA-SUNi, D/VKLE ROAD Application Mr.. Huff referred to the Planning Committee report date~ Dec. 18~ 1968, and stated that since the public hearing of January 2, 1969 when Mr. Neale had orail~ withdrawn his application, a letter dated January 13, 1969 had been received from Tracy Tumlin, representing P~. Neale. The Mayor declared the public bearing open at8:29 P.M.' Mr. Huff referred to the Plan~ing Committee report of Dec. 18, 1968 that included the Planning Commission recommendation re- garding rezoning, including p~o~ision of 38 p~rking spaces, landscaping~ access road and ot~er conditions~ either b~ com- pliance, or by agreement supported by performance bond; he added- that opposition to the rezoning had been~based upon groqnds that theC-V rezoning might a!low~xtesirabie businesses to b~ set up On Mr. Neale's proper~y, but that it was believed that adequate controls could be exercised through business l~censing and/or use permits. Mr. Neale saia he ~as re~dy tO a~ree td the Conditions, as 8~ated,!~nd tha~ the parking spaces had been laid out incorrect- ly previously and that there would be no problem in providing the 3~ spaces, especially since he had arranged to lease ad- jacent private property for additional parking. In answer to a question fr~ ~h'. Sanders regarding the condition of the Planning Commission to construct or reserve access road or drives, ~. Tyler said that the action as of tonight related only to the parking spaces, not the access road. i~. Huff added as a point of clarification that the leased space was actually on residentjelly zoned property, and would require rezoning to permit its use as parking for a conunercial use. He said there was some projection of P~. Neale's space into the City property at the circle, and that it would also be desirable to enter into an agreement regarding this area. ~.h-.. ~obbins moved and Mr. Sanders seconded that the Public Hearing be closed, and the Mayor so ordered at 8:50 P.M. in the absence of objection. ~. Xobbins moved approval of the Planning Committee report dated December 1G, 196G. Planning Comm. Mr. Johnson asked if it was the Council's intent, in approving Recommendation the subject report to indicate the Council would adopt the re- Approved zoning as soon as b~. Neale complies with the conditions re- cormneeded by the Planning Conmission and Planning Committee. ~e Mayor replied that such was the intent of the Council action. The motion carried unanimously. -4- City of Saratoga Council ~nutes Con'd. Page 5 January 15, 1959 C. V-320 - IIEAKING ON APPEAL ~'ROM PL~qMING COb~,IISSIOH DENIAL OF APPLICATION FOR A VA~I~qCE F~OM FRONT AND SIDE YARD ~ETBACI~ FOR A BUILDING SITE ON PII~ ROAD - DR. MICHAEL FDWITZ ~le i~ayor ordered the public hearing open at 8:55 P.M. V-320 Variance Appeal [~. George Tobin, representing Dr. i~owitz, introduced a scale Dr. Kow~tz map of the area, sh~.;ing the lot dimensions and house location. He argued that the actual variance represented a total of only 37 square feet, and that measurements should be taken from the original lines laid out for the road, not t~e lines Fresently being used for the road; he added that the terrain contour made the variance necessary, since its steephess on t[~e sides affected the location of the garage. He also quoted State Code re granting of setback ~ariances by cities, and stated that the present case fell under the Code which would pre-empt city codes. 1.~. Walker reported that letters of protest against the variance had been received from neighboring property owners, - ~mderson, ~.iartin and Berg. Mr. Tobin commented that Mr. Berg based his opposition on the possibility that Dr. Kowitz' house wo~ld allow a view of his patio, but that this was not a real7 invas- ion of privacy~ Mr. Sanders stated that people 5uild in reli- ance upon enf6rcement of Setback requirements. In response to questions by!Mr. Robbing, Mr. T6bin stated that the house was about 3,000 Square feet, and that the problem related to the variance had t6 do with garage location and access. };~ Robbing mdved, ana.}~. Smith seconded tha~ the publi~ hearing be closed for the evening, and continuted to the next r~gular meeting. In the absence of any objection, the Mayor so~ordered at 9:23 P.M. Mr. Smith said he would like to inspec~ the site, and the Mayor referred the matter to the Planning C~mittee. D. ~DR-778 - ROBERT P. LEUIS - APPEAL FROM COII~ITION II-B OF PL~']NING CO~ITIONS OF TEHTATIVE ~LAP APPROVAL P~QUIRIHG 1O FOOT PAV~m~.~ ON Ac~ss c~o~O~ The Mayor opened the Public Hearing at 9:25 P.M. Mr. Walker explained that Mr. Lewis had endeavored to work out an agreement with Miss lake, a neighboring property ~ner, to SDR-778 reduce the driveway width from 18 to 12 feet, as stated in Appeal from Mr. Lewis' letter, but Miss Ramke had declined to enter into Site Approval such agreement, since in the view of her attorney it would be Condition - R. P. Lewis giving an easement. Mr. Tyler commented he was concerned with the appearance of the long driveway to the house, and that it was apparent that the Planning Cou~aission was also concerned with passing and access of emergency vehicles on a long road to corridor lots. ~. Johnston said that it might be possible for Mr. Lewis to obtain a license of right-of-way, not an easement, depending upon the City"s intent. Mr. ~yer inquired if there was a possibility of providing a turnoff or turnout along the corridor. Mr. Robbing moved and b~. Smith seconded that the public hearing be closed for the evening and continued Lto the next regular meeting; in the absence of opposition, the Mayor so d. eclared at 9:40 P.~i. and referred the matter to the Public Uelfare Conmlittee. The Mayor declared a recess; the meeting resumed at 9:58 P.M. Saratoga City Council Minutes Con'd. Page 6 January 15, 1969 VI. ~DMINISTPJ~TIVE MATTERS A. MAYOP, LAFCO Approval 1. P~. Tyler said that LAFCO in its recent meeting had favored of Congress annexation of the Congress Springs area by Saratoga as.a Springs Annexation condition to annexation by Sanitation District No. 4, as noted earlier in the Council meeting. Bay Area Regional 2. F~. Tyler referred to ivY. ICnox's letter, re Bay Area [lagion- Organi~ation al Organization plans, inviting Council comment. Tax Reform 3. He also referred to the letter from the Mayor of Marysville, proposal urging tax reform by the State Legislature to correct in- equities, adding he was impressed by the contents o~ the Marysville resolution. B. FINANCE 1. ~. Robbins moved and Mr. Smith seconded approval of the Claims & schedule of disbursements to~alling $76,584.21, &ated Jan. Warrants 15, 1939, and authorization for the mayor to sign Warrants H0. 1045~ through 10516; the motion carried unanimously.' 2. City Clerk's Financial Report Financial 3. City Treasu~er's Report Reports Mr~ Huff noted that there was difference of $520 between the ~o reports, owing to a stop payment order on a check but chat the matter would be worked out. C. COUNCIL C01-~iITTEES Ai~) REPORTS 1. CATV SPECIAL COI~ITT~E CATV i,~. Smith stated that he and i,~. ~oblxins, as members o£ the franchise CATV SPECIAL CO~ITTEE, after many months of study and Ord.46~ comparisons of the charges and service offered by the vari- ous competing CA~V firms, specifically with reference to granted Co Calif. Cable T.V. the monthly cost rate to 5aratogans, as discussed in the report, recon~nended that the CATV franchise be granted to California Cable TV Corporation of San Carlos. iI~. Smith moved and Mr. Robbins seconded acceptant, of the Committee [%eport and that Ordinance No. 46 be intrdduced and the reading thereof be waived; the motion was adopted unanimously. 2, PUBLIC WELFAEE CO~{ITTE~E - COUNTY CONVENTION CENTER County '~. Smith stated that there was a difference of opinion be- Convention ~een himself and Mr. Dwyer regarding financing of a study Center to update previous studies on a proposed County Convention Center, and that he was reconm~ending participation by the City in the study as stated in his report of Jan. 9, 1969, for the omount of $432, based upon Saratoga's population. He stated he felt it would be in the interests of the City as part of the County community, and read applicable pages from the County Planning Policy Co~nnittee report favoring establishment of such a center for area-wide use. ~. ~yer stated that although he was not opposed to the study, he felt that there was some doubt as to such a cen- ter's being of true benefit to Saratoga, and the purposes for which it was incorporated; that he felt use of public tax money for ~h~ study was inappropriate. ~ he opposed City of Saratoga Council i,Rnutes con'd. Page 7 January 15, 1969 use of public money for a venture that would primarily be of benefit to conu~ercial intere&ts~ rather than to the County residents of Saratoga as a whole. Mr. Dwyer then ~ffered Convention to head a campaign to raise the sum of $432 from local Center~ merchants, and substitute that for Saratoga's share as a City. He added that he was not opposed to the study, but based his objection as a matter of principle regarding expenditure of city money. P~. Sanders said that he was impressed, at least super- ficially by the proposal tibet might bring in participetion by all County residents, in contrast to the buildipg of Candlestick Park, in San Francisco. The study mig!lt show use as a cultural center. ~k'. Smith moved that t[~e City of Saratoga give $43~ for the purposes of the SRI study only; the motion wsa withdragon, ~. Tyler commented that there was no pressure of time, and ~. D~.~er offered to go ahead with the fund c~npaign. P~. Tyler noted that ~here was no action needed by: the Council, pending results of i,~. D~;yer's effort to collect the sum from private business men; Mr. Dwyer said he would report back at the next regular meeting. Mr; Hi A~ ~eaudoin, presiaen~ of Los-GatoS Saratoga CI~EA said that lack of large enough facilities in the COunty had resulted in holding the national convention of C~EA in San Francsico. 3. PUBLIC !.~LFAPa C~MITTEE - PROSPECT - MILLE~ I~E~bECTION ~.~. Smith read the c~anlttee report of Jan. 13, 1969, Prospect-Miller stating that in another six months current rate of traffic Traffic report increase would justify further study of the intersection; }41'. Shook indicated concurrence and the report was filed. 4. PL2~H~ING COMMITTS~ - C-118 GALEB C-118 ~ Galeb Mr. Robbins moved that the Caleb application be depied, application without prejudice, as reconnneeded by the Planning Commission; denied; ~. Sanders secouded~ and the motion was adopted u~animously. D. D~PART~HT HEADS ~qD OFFICERS 1. Public Iqorks director Shook said final inspection of SDR- SDR-619 - Fryor 619, Thomas B. Fryer, indicated all deficiencies had been cot- Bond release reared, and he reco~m,ended the work on the SDR be accepted ~nd ~osi~::ent ~f Sa~gs.;~cou~:t at h,~e:~ic::, Savir~s n~ Loan Association in the amount of $1,300-be released. Mr. Sanders so moved, Mr. Robbins seconded, and the motion carried unanimously. ~. 2. ivY. Shook said final inspection of improvements of SDR-$81, SDR-681 - Plato Jack H. Plato, indicated all deficiencies had been corrected, Bond release and he recommended the work be accepted and the assignment of Savings Account pass book #3903230 in the amount of $1,240 be released. ~. Sanders so moved, i~. Robbins seconded, and the motion carried unanimously. E. CITY ADMINISTP, ATOR 1. E.~. Huff introduced the report from the subdivision committee as approved and recommended by the Planning Conmaissio~, re -7- City of Saratoga Council Minutes con'd. Page 8 January 15, 1969 Uses in: Residential. nursery schools, convalescent homes and churches a~ con- zones - amendment ditional uses in residential zones. proposal ChurcheS, nursery+ Mr. P~bbins ~!~oved~. Sanders seconded that the C~ty schools, rest homes Attorney be authorized to incorporate the recon~men~ation of the Planning Commission into Article 15 of the Cit~ Codes. In the absence of any objection, the Mayor so ordered. 2. lye. Huff recommended that the cash deposit for. SDR-7~l SDR-761 Frank Fasold be released. Fasold ~ Bond release Mr. Robbins moved and b~. Sanders seconded that the cash deposit relative to SDR-761 be released, and the motion carried unanimously. ~ 3. i~. Shook reported on the Transit District proposal Transit District to be considered by the Board of Supervisors at th~ Board's study ~y County meeting January 20, 1959. I-E. Sanders indicated that he planned to attend ~he Board meeting in his capetit as the delegate to keep abreast those developments..  VII. CO~qICATIOMS A. ?P2.ITTEN s ~ park site PEr. Huff referred to the letter of ~fred F. Domes, dated Jan. os~l O, 1969, relative to a park site loc~tion. Without objection \ ~ the Mayo~ referred the matter to the Par~s and liecreation CommisSion. = B.OFJ~L none VIII. ADJOUPd~4ENT The Mayor thanked Mrs. Dorothy Parker of the GGG and Mr. ~ively of the Planning Commission for their attendance at the meeting, and the ~GG for the coffee served at intermission. He also achknox. xledged the attendance of i-~. Frank Riddle, P.T.& T. and Joe Cowan, P.G.& E. Mr. Robbins moved adjournmost, ~. Smith seconded, and the Mayor declared the meeting adjourned at 10:55 P.M. Respectfully submitted, J. ",. Huff, City Clerk