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HomeMy WebLinkAbout03-06-1969 City Council Minutes SARATOGA CITY COUNCIL TL~E: ~DAY, ~ 6, 1969 7:30 P.~. ~: S~ CZ~-~CE.~, 13777 mUIW~ AVE., S~A ~: ~ ~ETI~ ~ H~or ~ler called ~he maetin~ ~o o~er a= 7:30 P.M. A. RO~ C~L ~esen~: ~uncil~n ~lar, Robbins, S~ders, ~a ~%~h ~sent: Councilm~ ~er ~uncilman ~bbi~ as~d ~ha~ ~ ~nu~as of ~he ~etin~ of February 19, 1969~ be cor~c~ed on papa 4, =o indicate ~ha~ the m~i~ s~ o~ $5,~0 w~ ~he ~o~ se~ for ~he wi~h ~he ls~sca~ architects, bys=on~ Beck, H~o ~d ~ey. ~. Robbins ~hen moved, and ~. Sanders seconded =ha= ~he ~nu~es of ~he regular ~e~in~ o[ Februa~ 19 be a~p=~ed ~ corrected ~nd mailed, and ~ha~ ~he re~i~ ba waived ~he motion carried unanimously. II. B~S ~ CO~CTS A. ~I~D P~ L~ ~NT ~I~ S~A ~ CO~ CONT~L DISTRI~ Mr. Huff reported the= s le~er ~swerin~ ~s. ~ilbur ~orden's ~lldwo~ questions regarding effects of ~he l~e ins=dilation on Par~ L~e creek h~ been prepared, bu~ no~ ye~ sen=, end Cha~ ~e h~ discuss- ~ree~n~ ed =he ma~er wi~h her in ~rson e~rlier in ~he week~ ~ Robbins ~i~h c~en~ed ~ha~ the questions raised by ~s. ~orden h~ alre~y been Flo~ Control a~udied by the Council prior to their action, ~d Cha~ ~e~ con~r~C seemed to be in order. ~. Robb~ns moved a~ ~. S~devs seconded ~a~ ~he agre~nt be~een Che City ~d ~he Flood Control District, subjec= =o approval of ~e rela~ed con~rac~ be~een ~ha City and Valley yi~le C~p~y, be appr~ed, and ~ha~ ~he vice-mayor be authorized ~o sign it; ~he mo=ion carried 3-0 wi~h Mayor ~ler abs~aining. ~ildwo~ Park ~Cer brief discussion, ~. Robbins moved, and ~. Sanders Lal~ agre~en~ seceded ~ha= ~he a~reeme~ wi~h Valley Ti=le C~pany, ~ar of Valley Title record of ~sasmen~ Parcel l~ber 503-24'251 be approved, and ~ha= She vice~ayor be ad~orized co ~ign i~; the mocion carried Mayor ~ler abscained. IIl. ~TITIONS, O~IN~CES ~ FO~ ~SOL~IO~ A. ~SOL~ION NO. 36-B-105 - ~SOLUTION ~CE~ING D~ICATION OF ST~ETS IN T~CT 4165 ~ ~I~ ~ ~soluCion 36-B-105 ~.Hu~:~ec~e~ed passage of ~he vesolu=ion accep~ing the sCreeCs Tract 4165 and releasin$ B~d No. B507294 in =he ~oun= of $17,000. ~. Robbins moved, and ~. Smith seconded adoption of ~solution No. 36-B-105, the motion carried unan~ously. B. ~S~UTIO~ NO. 471 - ~SOL~ION EST~LISHING ~VAILING ~t~E S~E ~. Huff said ~he proposed prevailing wage scale for public works c~ntracta was in accord with the scale approved ~ =he Coun=y Boa~ ~solu~ion of Supervisors for such c~rac~s. ~nual adoption of a resolu- No. 471 ~ion establishing the vase scale relieves City of Cha raquir~ent ~e Scale for publishi~ such scales at ~he ~i~ of each contrac~ bid no~ice, ~. S~ders moved ~op~ion of Resolu~ion No. 471, ~. ~i~h second- ed the mo~ion, ~ich called un~imously. Saratoga City' Council Minutes Cont!d. March 6, 1969 C. ORDINANCE NO. NS-5.19 - AN ORDINANCE AMENDING ORDINANCE NS-5, THE SUBDIVISION ORDINANCE OF THE CITY OF SARATOGA Pa~LATING TO TENTATIVE MAP FILING FEES Ordinance NS-5.19 Map Filing Mr. Huff explained that Ordinance lqo. N5~5.19, an ~mendment to Fees the subdivision ordinance had been prepared by [he City Attorney, at direction of the Council and that now was the time for intro- duction. .. Mr. II~bbins moved, ar~i Mr. Sanders seconded that Ordinance NS-5.19 be introduced, and that the reading be waived; the motion carried unanimously and the Mayor so ordered. D. ORDINANCE NO. 38.26.1 - AN ORDINANCE OF THE CITY O,F SARATOGA AMENDING SECTION 8-71 OF ARTICLE III, CHAPTER 8, OFi THE SARATOGA CITY CODE, RELATING TO DEFINITION OF TREE Ordinance 38.26.1 Mr. Huff said the ~unendment had been prepared to in.corporate Trees desired changes to protect trees over 40 inches, ci~ctunference, instead of a 55-inches circumference under the ordinance. Mr. Johnston colunlanted that he had left the height measurement blank, and was directed to retain the 24-inch height above grade as stated in the basic ordinance. Mr. Smith moved, and Mr~ Robbins seconded that Ordinance No. 38.26.1 be introduced, and that the reading be waiv&d; the motion carried, and the Mayor so ordered. E. ORDINANCE NS-3.19 - AN ORDINANCE AMENDING ORDINANCE! NS-3, THE Ord, NS-3,19 ZONING ORDINANCE OF TEE CITY OF SARATOGA, BY RESTRICTING USES IN CN, CC "CN" AbD "CC" ZONING DISTRICTS TO THE THEREIN-SET FORTH LISTED Uses USES Mr. Huff said the ordinance ~unendment was presented for infor- mation, and that no action was presently required, since the matter would be the subject of public hearings first, before ~he Planning C~ission, and then before the Council. F. ORDINANCE NO. NS-3.20 - AN ORDINANCE AMENDING ORDINANCE NS-3, Ord NS-3.20 THE ZONING ORDINANCE OF THE CITY OF SARATOGA. BY ADDING ARTICLE Underground 22 THERETO, ENTITLED "PUBLIC UTILITIES'!, AbE) REQUIRING ALL PUBLIC Utilicies UTILITIES TO BE INSTALLED I/,NDERGROUND IN ALL ZONING DISTRICTS IN THE CITY Fac. Huff said the ordinance was presented for information prior to public hearin~ before Planning Count,siGn and Council. stated that this was the draft of the permaneht ordinance to re- place the emert~ency ordinance on utiity undergrounding. G. RESOLUTION NO. 472 Re,. ~72 Mr. Huff read Resolution No. 472, urging Santa Clara County Board supporting of supervisors to close public hearings on March 18, 1969, and ~o Co. Land take action on land development ordinances designed to bring about Development orderly land development in the County, e. matter that had been Ordinance under study for some three years. Mayor Tyler noted a similar resolution had been passed by Monte Sereno City Council. bit. Smith moved adoption of Resolution No. 472, Mr. Robbins seconded, and the motion carried unanimously. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. 5D-759 - FETE RAJKOVlCH - REQUEST FOR ~AIVER OF CONDITION 7 - SD-759 TENTATIVE MAP APPROVAL CONDITIONS Rajkovich Request for Mr. Smith read the report of the Public 14elfare Modification r~c~euding that Condition 7 of SD-759 be considered met upon Condition 7 submission of an offer of dedication of right of way for the 60- foot half-street on Prospect Road. -2- Mr. Smith moved, and Mr. Sanders seconded that SD-759, Condition 7 be considered met by an offer of dedication of the!necessary right of way, and the motion carried unanimously, B. C-81 - PAUL MASSOH - REQUEST FOR EXTENSION OF ZONING: CHANGE LIMIT C-81 Paul Mr, Huff read the repcrt of the Planning Cormnission, recommending Masson that a ~wo-year extension, or until 5 April 1971, be granted Paul Request for Masson, Inc. for the Conditional zoning on ~he Saratpga Avenue Extension property. of Time Limit Mr. Robbins moved, and Mr. Smith seconded that the recommendation of the Planning ConEnission to grant a two-year time ~xtension on zoning of Paul Masson, Inc. property on Saratoga. Avenue be accepted and the time extension to 5 April, 1971 be granted; [he motion carried unanimously. C. C-106 - REQUEST FOR REVISION OF SITE DEVELOPMENT PLAN Mr~ Huff explained that the revision affected the perking ares, which would be somewhat enlarged, on the C-106 development of Dr. I. N. Abrams, by adding some more spaces. The rgvision had Planning Cc~ais~ion Approval. C-106 MVS Co. Mr. ,.Robbins m~)ved, and Mr. Smith seconded that Exhibit F be Revision of approved as ~he site development plan approved for C-106 as rec- Site Plan ou~nended by ~he Planning commission. The motion carried unanimous- ly. D. SDR. 75~ - M.V.S. COMPANY, SARATOGA AVENUE - REQUEST FOR RECONSIDERATION OF CONDITIONS 5DR-767 MVS Co. M~. Huff stated ~hat the Planning Connnission had recurended Modificatiqn H and K, affected ts i u e s~ate of CondittQns highway development ami secondary access to Cox Avenue. I.h ~he absence of objection, the mayor referred the matter to the Council Planning Connittee. V. PUBLIC HEARINGS A~ SDR-778 - ROBERT P.. LEWIS - CONTINUATION OF PUBLIC HEARING ON APPEAL FROM PLANNING COIeilSSION COI~ITION OF TENTATIVE SITE SDR- 7 7 8 APPROVAL Robert P. Lewis Mr. Huff reported that Mr. Lewis had declined to pursue further the matter of his driveway width or emergency easement across adjacent property. The Mayor declared the public hearing opened at 8:08 P.M. There was no connnent from the audience. Mr. Smith moved and Mr. Robbins seconded and it was unanimously carried that the public hearing be closed, and.the Mayor so direct- ed at 8:09 P. M. Mr., Smith conmaented that he felt the Council should up hold the Planning Cowmission decision, and that since M~. Lewis had been unable to reduce the expanse of asphalt for his driveway after failing to obtain cooperation from the adjacent property owner on the matter, he recon~nended denial of Mr. Lewis' appeal. Mr. Sanders said it was a source of regret to all on the Council, but safety considerations would have to take precedence. Mr. Smith moved, and Mr. Sanders seconded that the application of Robert P. Lewis relative to SDR-778 be denied, and the decision of the Planning Commission be upheld; the motion carried unanimously. B. UP-161 - GEORGE W. DAY - PUBLIC HEARING ON APPEAL FROM PLANNING COMMISSION OF USE PERMIT FOR MODEL HOME SALES OFFICE AT VIA MONTE AND VIA ARRIBA Saratoga Ci until Minutes continued March 6, 1969 '--, The Mayor declared the public hearing open at 8:12 ~.M. Mr. Robbins said the co~u,hittee had met with neighbors and with the applicant, and believed the P!annin~ Cornisis,ion ]denial of the sales office for the tract, but no~ at the i ,r s UP-161 There we, no comment f~om the audience. Appeal Geo. 1.1 . Day I~. Smith moved a~t Hr~ R~bbins Seconded and it was carried Model Home~ unanimously, that the public hearing be closed, and the Mayor Sales 0ffice so directed at 8:13 P.M. Mr. Robbins moved and Mr. Smith ~econded that the COuncil uphold the Planning Commission denial of UP-161 and :the motion carried unanimously. VI,. ADMINISTRATIVE MATTERS A. HAYOR Mayor Tyler read the announcement Of the League of Cities Mayor's and Councilroans,. Xnstitute on April lt~ and of the S~n Jose seminar on March 8; Mr. Smith indicated hiA intention to attend the later meeting. B. FINANCE In respons~ to a query by Mr. Sand.era, Mro Shook an~swered that the black areas on various. arterial si~ns in the city was black Payment of. paint, not deterioration. Mr. Huff noted ~hat sums;as necessary Claims to meet 'storm damage costs, sho~n in Natrants No. 10704-1070~ would be transferred to meet the mnoun~ over and above money originally budgeted for same, and he would formaliz~ necessary resolution to authorize such transfer of funds. Mrl Robbins moved and Mr; .Smith seconded payment of'il, larrants Noi 10657 through 10711, ~nd that the Maydr be autherlzed sign the warrants for a coCaZ of $27,044.74; The motion carried unanimously. C. COUNCIL CO~4ITTEES AND REPORTS 1. Management Committee - Council Ch~nbers kldi~ion Mr. Sanders read the conunities report dated Feb. 25, 1969, ~utlining four items to ba added a~ alternate biddinSi items for the Co~cil ChUbera addi~ion; Mr. Huff stated he was asking P. G. & E. for underarounding of power lines on the Civic Center. 2. Public ~elfare Co~nnittee - Prospect Road A~reement Mr. Smith read the cu~=uic~ee report recc~umending that the Mayo= be authorized to sign an agreement with the County and the City of San Jome for ~harin~ th~ cos= oe improvement of Prospect Road Prospect Road between En~Zish Drive and Brookglen Drive, and A~reement that the Mayor write a letter to the County and to San Jose, with asking agreement for landscaping the same sections of Prospect County Road. Mr. Smir/a added that the distance agreed :upon for road and widening did not include the whole frontage to Johnston Avenue, San 3ose but the agreement would provide for brid~e widenin~ and ped- estrian walks for added safety. Mr. Huff said the County hoped co have the, improvement ready by next fall. Mr. 3oh'~ston said he had reviewed the contract and found the form to be L.~ order. Mr. Smith moved and M~. Sanders seconded that the agreement among the County of Santa Clara, the City of San Jose and the City of SaratoSs providin~ fo~ payment of costs for the improvements of Prospect Road between English Drive and Brookglen Drive be approves. and the motion P. nrr.~.c~- unanimously. Sa,ratoga City Council Minutes Continued March 6, 1969 Mr. Oscar Thurnher, representing the homeowners assoc, iation~ spoke from the audience regarding the action, thankiBg Council for its efforts, and expressing appreciation of the ~ction. D. DEPARTt~Iff HEADS AbE) OFFICERS Administrative Assistant 1. Mr. Rigby reconnended authorization to purchase ? trash ~4aste barrels at locations listed in his report dated Marclh 5, stating Receptacles the balance remaining in the fund would be sufficien~ to purchase containers when Village Merchants indicated a choice{ of styles. Mr. Robbins moved, and Mr. Sanders seconded expenditure of $693.00 to purchase 9 containers as listed by Mr. Higby, and~ the motion carried unanimously. 2. Mr. Higby 6u~lihed a proposal to use Bank of ~merica computer services for payr.oll services, beginning April 1, 1969; the service Payroll would include training two persons at no extra charg?; estimate Service for cost of service amounted to $58.00 monthly. Hr. Robbins moved, and Mr~ Smith seconded that the City enter .~ ~ree ~nonCh trial Servic6~ou payroll accounting, subject to review by the Man~nent Coua, ittee, and the motion carried unan- imously. 3. Mr. RiBby listed offers of p~operty sale to the ~ity for Property for park developmerit, in~luding chose from west Valley B~ptist Church , Sale and Mr. LjepaVa. ~ithout objection~ the Mayor referred the offers to the Parks and Recreation Counission for study. E. CITY ADMINISTRATOR 1. On the question of an extension for property exchange between the City. and the Saratoga Union School District,, Mr. Ruff Said he would make an appointment for a meeting 9f the Planning CO~aittee of the Council and a connittee of the school trustees 0h the matter. 2; Asule Park site: in the absence of objection, the question of an option on :proposed A~ule Park site was referred to both the Plan~ing and Management CormnitteeS. Tee Mayor deCiaredi a recess at 8:40 P.M. The meeting was cail~d back to order at 9i~2 P.M. VII. COMMUNICATIONS A. gRITTEN 1. A letter making an offer to seE1 to the city, property as a park site owned by Mrs. Angelins Onnando was referred to the Parks and Recreation Commission. 2. In co~nuenting on the letter of P~r. Frank 3. Thibault on the Modesto Ash tree blight, Mr. Huff said the staff was review'a~possible Thibault steps for correction with the Horticultural Foundation. Mayor Tyler re referred the matter to the Director of Public Works for study and report. ~iodesto Ash 3. The letter dated Feb. 25, 1969 from the Village Merchants Assn. Christmas regarding Christmas ~tree decorations was referred to the Policy Decoration Committee. Mutual Aid 4. Resolution No. 2307, of the City of Santa Clara regarding reim- bursement for police mutual aid between cities was reviewed briefly. B. ORAL Bryer re Police Mr. Dick Bryer, representing the Congress for Con~nunity Progress spoke from the audience regardin~ formation of a citizen advisory -5- committee to consider improvement of police servicea and= crime prevention measures; the Mayor thanked him for his offer, and without ob3ection, referred the suggestion to the Chief of Police and to the Public Welfare Committee. VIII. ADJOUREP~NT Mr. Robbins moved and Mr. Smith seconded that the meeting be adjourned, and it was so moved at 9:18 P.M. Reepectfully submitted, J.' ~uf~.~Cit~Clerk