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HomeMy WebLinkAbout07-02-1969 City Council Minutes SARATOGA CITY COUNCIL ~ MINUTES OF REGULAR MEETING - JULY 2, 1969 TIMe,; Wednesday, July 2, 1969 PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION Mayor Tyler called tie meeting to order at 7:30 p.m. A. ROLL CALL Present: Mayor Tyler, Councilmen Dwyer, Robbins, Sanders and Smith. B. MINUTES Councilman Sanders asked that the minutes of June 18, 1969, Item VIIIt be amended to read Mrs. Owens of the Good Government Group rather than Miss Owens. Moved by Councilman Smith and seconded by Councilman Sanders that the minutes be approved as amended. Mayor Tyler abstained from voting as he had been absent from the meeting of June 18. Motion carried. II. BIDS AND CONTRACTS A. AGREEMENT with P.G. & E. for electric service at Prospect High School on Prospect Avenue. Mr. Huff explained that the City had approved this service several months ago. This is just the formal agreement to pay the cost of approximately $40.00 per month for energizing the electroliers and providing for their continued operation and maintenance. Moved by Mr. Smith, seconded by Mr. Sanders that the Mayor be authorized to sign subject agreement. motion carried. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE NO. 38.30 - Second Reading Ord. 38.30 Reading of this Ordinance was waived at the last meeting of the City Council. Enforcing This Ordinance would empower County Park Rangers to enforce City Park Park Regs. regulations in County parks. Mr. Robbins mdved adoption of Ordinance No. 38.30; Mr. Dwyer seconded and the motion carried. B. ORDINANCE NS-3.21 - Introduction - Ordinance re denial without prejudices sign size and design review standard. Ord. Mr. Huff explained that this Ordinancebh~d undergone a hearing at Planning NS-3.21 Commission level. Mayor Tyler introduced Ordinance No. NS-3.21 whidh was referred to the Planning Comm~ tree. Public Hearing to be held July 16~ 1969. C. RESOLUTION NO. 488 - Resolution granting Sanitation District No, 4 authority Resn.488 to construct sanitary sewers in city streets for Project 1969-2, units 2 and 5. Sanitary Sewers Moved by Fir. Smith, seconded by Mr. Sanders that Resolution No. 488 be~a~gpt~d. CARRIED. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. TRACT 4406 - Monument Bond Release Tr.4406 Mr. Shook, Director of Public Works recommended release of Monument Bond. Moved by Mr. Robbins, seconded by Mr. Smith. CARRIED. B. SDR-775 - DR. MICHAEL KOWITZ ~DR 775 Mr. Huff stated that Dr. and Mrs. Kowitz have decided not to build at the present time and have requested a refund of Park and Recreation fee and storm drainage fee for one lot on Pike Road. Moved by Mr. Sanders, seconded by Mr. Robbins that we proceed with refund. Carried and so ordered. Saratoga citycoune Minutes - 7/2/69 Page 2. C. SD-812 - DAVID R. FRANKLIN SD-812 Mr. Huff pointed out that the conditions of approval on this contract required FRANKLIN installation of a storm drain and 30' radius returns. At the meeting of June 23, 1969, the Planning Commission voted to recommend to the City Council that the request for reconsideration of conditions be denied. This recommendation is based on the Subdivision Committee Report dated June 23, 1969 in file SD-812. Mr. Shook stated that the Public Works Department had recon~nended a 27' radius be adhered to on the basis that the intersection comes to two public streets although there are only three lots frontlug on this cul de sac. As you come out to the left there is a retaining structure 24 to 3 feet high supporting some plantings. In the other direction it appears that you are almost directly across from the ex- tension of Sarahills~Drive, however, there is a severe curve which limits sight distance. The staff and the Subdivision Committee have reeonnnended the install- ation of a storm drain along the boundary of this proposed subdivision with the Sarahills development. Mr. Franklin stated that the Franklin Homes had been unaware of any problem with the creek. As he felt that only 2% of the water would come from their property, he wondered about a rebate rather than a reimbursement agreement. The matter was referred to the Public Welfare Conmittee for review and recommendation. D. SDR-767 - WILLIAM, J. MARTIN, Jr. - Final Site Approval SDR-767 Mr. Huff reported that Mr. Martin had met all the conditions imposed by the MARTIN Planning Commission. Approved of SDR-819 moved.by Mr. Dwyer, seconded by Mr. Robbins. CAiLRIED. E. SDR-767 - M.V.S. COMPANY SDR-767 Mr. Huff explained that this is the building site approval requested by MVS MVS COMPANY Company for a portion of the proposed multiple dwelling development on Saratoga Avenue. It is recommended that Council grant a Conditional Final Site Approval. MVS Company has paid the storm drainage fee but there are several uncompleted conditions. Mr. Johnston pointed out it was very unlik~ly the City could enforce L.~z~ - '~ maintenance of the landscaped area between the fence and the roadway. He added Chat the City could have a contract between the owner and the City obligating him to maintain this property. Mayor Tyler ordered the matter continued to the meeting of July 16, 1969. F. SDR-731 - SACRED HEART CHURCH SDR-731 Mr. Huff explained that when Sacred Heart Church obtained final site approval SACRED we computed the drainage fee based on 9 acres on which the Church, School and HEART Social Hall were to be located. The Church installed a storm drain line which CHURCH was oversized for the property when the school and social hall were built. Subsequently, they built a convent which was not given credit for oversize storm drain construction in storm drain fee computation. Mayor Tyler referred the matter to the Public Welfare Committee without objection. V. PUBLIC HEARINGS - None VI. ADMINISTRATIVE MATTERS A. MAYOR GENERAL Mayor Tyler stated the General Plan Hearings could begin on August 6. However, PLAN the Park Plan should become a part of the General Plan and the recommendations HEARINGS of the Parks and Recreation Commission should be sent to the Planning Commission for Public Hearings. Upon completion of Planning Commission hearings on the Park Plan it can be incorporated into the General Plan for Council Hearings. IMPROVED Mayor Tyler referred to a letter from Sig Sanchez of the County Board of LAW Supervisors which discussed securing federal support for improved law enforce- ENFORCEMENT merit agencies. The County is planning a central computer based information system. The City commitment would be in contributing time and personnel rather than funds. Other costs would be for time and. changes in procedures and forms. The Council is invited to indicate support to the Department of Criminal Justice in Sacramento. Mayor Tyler recommended that the Council authorize support subject to approval of the Public Welfare Committee. Anti-Litter Ordinance ANTI- Mayor Tyler requested the Public Welfare Committee to check into an anti- LITTER litter ordinance. ORDi B. FINANCE 1. Payment of Claims CLAIMS Moved by Mr. Sanders that disbursements for July, 1969 be approved subject to deletion, as suggested by Councilman Smith, of Warrant No. 11141. Warrant Nos. 11143-11151, 1969-70 Budget Items, approved subject to approval of the 1969-70 Budget. Remaining warrants to be signed and disbursed immediately. Seconded by Mr. Smith. CARRIED. C. COUNCIL COMMITTEES AND REPORTS PROM COMMISSIONS 1. Via Escuela VIA Mr. Smith advised that the Congress Springs P.T.A. feels that the incomplete ESCUELA street along Via Escuela frontage is at best a blight on the neighborhood and at worst a hazard to children attending the Cungress Springs School. The Public Works Department estimates the cost of completing Via Escuela at $9,500.00. The Public Welfare Committee recommends that the City allocate this amount in the 1969-70 Budget, with the understanding that the Saratoga Union School District be asked to participate in this con- struction by direct payment for all or part of the project cost or by contribution to another phase of city development, such as the Parks and Recreation Program. Moved by Mr. Sanders, seconded by Mr. Smith that this report be approved. Carried unanimously. 2. Traffic Control Device Inventory TRAFFIC At the direction of the City Administrator, the Department of Public CONTROL ' Works filed application for approval of a federally supported traffic DEVICE study administered by the U.S. Department of Transportation, under the Highway Safety Act of 1966. Cost of this study totalled $20,000.00. The Management Committee has reviewed the scope of this study and its impact on current and future City Budgets and recommends that Saratoga~s application be withdrawn and that future applications of this type be re- viewed by the Council prior to their submission. Moved byMr. Smith, seconded by Mr. Dwyer that the City adopt the recommendations of the Management Committee. Carried and so ordered. 3. BOundary Agreement with City of Cupertino SARATOGA Council members were provided with a map showing the proposed boundary CUPERTINO between Saratoga and Cupertino spheres of influence. The Planning BOUNDARY Committee recommends that the Council agree to establish the middle AGREEMENT line as the boundary between the two cities~ spheres of influence, and also recommend including the balance of the boundary which met with the approval of both cities in preliminary negotiations. Mr. Dwyer moved, Mr. Smith seconded that Mayor be authorize~.to execute boundary agreement'revi~ed in 4. Landscape Maintenance acdordance with the recommendation of the Planning Committee. SUBDIVISION The Public Welfare Conmittee recommends that imanediate steps be taken to LANDSCAPE develop a standard procedure to require the dev~oper to prepare and submit MAINTENANCE all information essential to the formation of a park maintenance district PROCEDURE~ to provide for maintenance of entrance landscaping. Among the material which the developer should submit are: a petition requesting formation of a park maintenance district; a boundary description for clearance by the Boundary Commission and County Assessor; and publication, mailing, and posting of required notices of hearing. The Committee also urged an early decision as to the extent of the area to be included with the entrance and conversely the amount of frontage planting to be maintained with City funds. The report was referred to the 'Planning'Commission for preparation of the procedures. D. DEPARTMENT HEADS AND OFFICERS UP 151 1. Mr. Walker reported that at the last meeting of the Plan~ing Conmission, DAVI Mr. James Davi, a developer of a convalescent hospital on Sousa Lane APPEAL (Use Permit #151) asked for a one year's extension of use permit and mod- ifications to this Use Permit relative to street improvements. The Planning Commission reviewed this, acted on his request and denied modification of conditions on the street improvements but did grant an extension of four months. Mr. Davi has submitted a letter of appeal in which he would like to stand by his original request for a one year extension and modification of street improvements. Mr. Walker questioned whether this would constitute an appeal. Mr. 3ohnston referred to Sections 16.7, 16.8 and 16.9 which state that this does constitute an appeal and the matter Should be set for Public Hearing. 2. Street Sealing Project - Change Order #3 CO #3 Mr. Shbok reported on street s~aling requested by Sanitation District #4. STREET The Public Works Department recommended issuance of Change Order #3 in SEALING the amount of $1,715.00 with reimbursement from Sanitation District #4 PROJECT of $1,417.00. Moved byMr. Smith, seconded by Mr. Dwyer. Carried unanimously. 3. Approval of Contract - Cox Avenue COX Mr. Shook reported that Cox Avenue work by Zipse was virtually completed AVENUE with the exception of a minor grading problem. He recommended that the ACCEPTANCE work be accepted by the Council and that the final progress payment be made. Moved by Mr. Sanders, seconded by Mr. Robbins. CARRIED. 4. Storm Drain Contract - Quito Road CO #3 Mr. Shook r~ferred to Change Order #1 which had modified the backfill QUITO and surface treatment. He indicated that a misunderstanding.of County STORM DRAIN specs resulted in necessity to change concrete surfacing, toothera PROJECT originally specified 3" AC on 12" of base rock. Moved by Mr. SmI~h'~ seconded by Mr. Robbins that Conncil approve Change Order #3, changing the surface to 3" AC on 12" rock at a cost of $2,000.00. E. CITY ADMINISTRATOR 1. RESOLUTION NO. SDR-732-2 - Resolution Rejecting Offer of Dedication for Pedestrian Pathway to City of Saratoga from Jada Development Company. SDR 732 There was considerable discussion regarding flood control easement and FRANKLIN some doubt as to the legal implications in connection with this Resolution. RE PATHWAY The developer did agree to underwrite the cost of eminent domain procedures EASEMENT should he be unable to complete negotiations. Council felt this should be discussed further with the City Attorney and the matter was referred to the Planning Committee. 2. Flood Control Agreement re Wildwood Park Lake WILDWOOD Mr. Huff reported that the agreement as redrafted by Mr. Henley,Attorney PARK LAKE for the Flood Control District is essentially the same as the draft proposed by the Council, except for minor modifications regarding removal of debris. Mayor Tyler referred the agreement to the Planning Committee for review. VIIi. COMMUNICATIONS A. WRITTEN PRIDE"S 1. Letter from Prides Crossing Homeowners & Taxpayers.Association, Inc. in CROSSING which they emphatically recommended that neighborhood parks be pursued, HOMEOWNERS especially in the high density population areas of the City. ASSOC ..... ~ ' ' = 2. Letter from the State of California, Department of Finance certifying estimated population of the City of Saratoga on April~l, 1969 was 25,300. 3. Letter from Mrs. R.A. Staffiery, representative for residents between 12287 and 12368 Viewoak Drive, Saratoga requesting that said part of the street be blocked off between the hours of 1:00 p.m. and midnight on July 4 for a block party. - 5 - Moved by Mr. Robbins, seconded by Mr. Dwyer that the request be approved subject to a deposit of $25.00 to ensure that streets are left clean and fireworks debris is removed. PARADE 4. Letter from Saratoga Parade Conmittee re 4th Annual Saratoga Festival and requesting City's sanction for parade route. Referred to staff for action. GLEN 5. Letter from S.P. Company estimating that the Glen Brae RR crossing construction BRAE RR would begin in October. The Mayor instructed that a copy of the letter be sent CROSSING to the President of Congress Springs P.T.A. and the school principal at the request of Mr. Smith. 6.Notice of meeting of Transportation Policy Committee on July 9th and Inter- City Council on July 10. B. DRAL 1. Mayor T~ler acknowledged the presence of Mr. Russel Bacon of the Planning Commission~ Mr. Joe Cowan from P.G. and E. and Mrs. Ruth Owen of the Good Government Group. VIII. ADJOURNMENT There being nb further business to discuss~ the meeting adjourned at 10:30 p.m. to 7:30 p.m.J~anuary~14, 1969 at the City Offices for review of the proposed 1969-70 Budget Respectf~d .R~.Huff, City Clerk