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HomeMy WebLinkAbout07-16-1969 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: WEDNESDAY, JULY 16, 1969 PLACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVE., SARATOGA, CALIF. TYPE: REGULAR MEETING I. ORGANIZATION Mayor Tyler called the meeting 'to order at 7:41 P.M. A. ROLL CALL Present: Councilmen Tyler, Robbins, Sanders, Smith, Dwyer Absent: None B. MINUTES Councilman Sanders asked that a correction be made noting that it was Councilman Robbins, not Sanders, who made the correction, and that Mrs. Owen's n~ne be corrected to read Owen, not Owens. Councilman Dwye,r asked that the date typed on the last sheet be changed to July, not January, 14th. Councilman Robbins moved, and Councilman Smith seconded, that the Minutes of the Regular Meeting of July 2, 1969 be approved as mailed and amended, and that the readying be waived; the motion carried. II. BIDS AND CONTRACTS A. CONSIDERATION OF BIDS - TRAFFIC SIGNAL MODIFICATION AT SARATOGA AND COX AVENUES. Mr. Huff referred to the bid summary, and recommended acceptance of Saratoga the low bid by Steiny and Mitchel, Inc. for the sum of $9,245.00, add- Cox Left ing that the bid was within the sum budgeted. Turn Signal In answer to questions by Mr. Sanders, Mr. Shook said the modification would be added to the existing signal, and would add left-hand turn controls, and that allowing ten days to prepare and mail the contract, and ten days to return it, the job could be finished in about 65 days. Mr. Robbins moved that the contract for modification of the Saratoga- Cox Avenue signal be awarded the low bidder, Steiny and Mitchel, Inc. and that the Mayor be authorized to sign the~ontract; Mr. Dwyer second- · ed, and the motion carried. B. AGREEMENT WITH SANTA CLARA COUNTY FLOOD CONTROL DISTRICT RE WILDWOOD PARK LAKE DEBRIS BASIN C. AGREEMENT WITH VALLEY TITLE COMPANY RE W~ILDWOOD PARK LAKE DEBRIS BAS IN Wildwood Park Mr. Huff suggested that both agreements be considered together, as Lake Debris both were so closely related. He added that the agreement with Valley Basin Title Co. had been prepared prior to the one with Flood Control, and there were some differences in wording. Mr. Robbins cohented that City Attorney Johnston should perhaps review both documents and check for any differences, for form, and for compliance. Mr. Johnston explair~d that the most recent letter on the matter received from Mr. Henley, attorney for the District, indicated that the District was not open to further negotiation, and that the agreement in hand was it, so far as the District was concerned. Mr. Robbins remarked that he would prefer a stronger agreement, but he was satisfied that the agreement was essentially acceptable; he moved that the Vice-Mayor be authorized to sign the agreement with the Flood Saratoga City Council ~nutes 7/16/69 Page 2 Control District and with the Valley Title Company re Wildwood Park LakeDebris Basin, after their review and approval by the City Attorney; Mr. Smith seconded the motion which carried. Mr. Tyler asked that the Minutes record that he abstained from Voting on the matter. III. PETITIONS, ORDINANCES, AND FORMAL RESOLUTIONS A. ORDINANCE 38.31 - INTRODUCTION AN ORDINANCE OF THE CITY OF SARATOGA ADDING CHAPTER 15 TO THE SARATOGA' CITY CODE, RELA~ING TO PUBLIC WORKS. CONTRACTS AND NON-DISCRIMINATION IN THE PERFORMANCE THEREOF Ord 38.31 Mr. Huff stated that the ordinance had been drawn up by the City Affirmative Attorney in accordance with the report of the Public Welfare Committee Action as directed by the Council, and that now was the time for introduction. Mr. Smith said some guidelines would be ready in two or three weeks; he estimated that p~rhaps about five contracts annually might be affected by the ordinance. Fir. Smith moved that Ordinance 38.31 be introduced, and the reading waived; FIr. Robbins seconded, and the motion carried. B. ORDINANCE NO. 47 -ADOPTING1969-70 BUDGET Ord. 47 No action required since Ordinance No. 47 was adopted July 147 ~969. - 69-70 Budget C. RESOLUTION NO. 489 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING PROCEDURE 'FOR RECOGNITION 0F EMPLOYEE ORGAN- IZATIONS AND CONFERRING WITH SAID ORGANIZATIONS. FIr. Huff read the report of the Management Committee dated July Resn. 489 11, 1969, recon~nending adoption of Resolution No. 489. Recognition of Employee FIr. Smith moved, and FIr. Robbins seconded adoption of Resolution Organizations No. 489, and the motion carried unanimously. D. RESOLUTION NO. 490 - RESOLUTION AUTHORIZING TRANSFER OF FUNDS BETWEEN AND/OR AMONG ACCOUNTS Resn. 490 Mr. Huff read the resolution, transferring the sore of $35,000 from Transfer of gas tax matching funds to Verde Vista Improvement Assessment District Funds Verde Fund to pay the city's share of the cost of this cooperative project. Vista FIr. Robbins moved and FIr. Dwyer ~econded adoption of Resolution No. 490, and the motion carried. E. QRDINANCE NO. 15-M - ORDINANCE CREATING POSITION OF CITY MANAGER AND ~iTTING FORTH DUTIES AND RESPONSIBILITIES OF CITY MANAGER - INTRODUCTION FIr. Huff presented the ordinance for Council consideration, stating Ord. 15-M it had been drawn up along the lines reconEeended by the League of City Manager California Cities, creating the job and outlining the duties of the Position City Manager. FIr. Robbins moved that the ordinance be introduced, that the reading be waived, and the ordinance be referred to the Management Con~nittee for study and recommendation; FIr. Sanders seconded; and the motion carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-731 - SACRED HEART CHURCH - REQUEST FOR REFUND OF PORTION OF STORMDRAINAGE FEES FIr. Dwyer read his report of July 10,. 1969, recommending a refund SDR-731 of $649 in accord with computations prepared by Creegan~a~d D'Angelo, Sacred Heart engineers for the church. -2-¸ Saratoga City Council Minutes 7/16/69 Page 3 Mr. Dwyer moved adoption of the report recommendations for SDR-731, Mr. Sanders seconded, and the motion carried. Mr. Smith asked that the Minutes note he abstained from voting. B. SD-812 - DAVID R. FRANKLIN - REQUEST FOR RECONSIDERATION OF CONDITIONS OF SUBDIVISION APPROVAL FOR 6 LOTS ON SEVILLA LANE AND SARAHILLS ROAD RELATIVE TO STORM LINE CONSTRUCTION AND 20-FOOT RADIUS RETURN. SD-812 Mr. Smith, speaking for the Public Welfare Con~nittee, said that Franklin breakdown of data on the matter had just been received by the Committee, which had not had su'fficient time to study the matter. Without objection, the Mayor directed that SD-812 be carried over to the next regular meeting. C. SDR-?67_.-M.V.S. COMPANY - CONTINUATION OF APPLICATION FOR FINAL BUILDING SITE APPROVAL FOR ONE PARCEL ON SARATOGA AVENUE Mr. Huff explained that two considerations were involved - the main- SDR-767 tenance of landscaping and Dr. Abrams' request for a six-months M.V.S. CO. extension of the date on which he would have to begin construction; that the Planning Commission had recommended only three months; and that Dr. Abrams asked the extension because of present money market. After 'some discussion of the problem, Mr. Robbins suggested that the matter be referred back to committee; Mr. Smith indicated agree- ment, noting that a better definition of boundaries of the area to be maintain~dljWas needed. In the absence of objection, the Mayor directed that the resolution granting conditional final site approval to the M.V.S. Company be reviewed by the City Attorney, and that the matters contained in C-I06, Request for Extension, and SDR-767 be referred to the Planning Committee for evaluation and recommendation. D. SD-746 - DR. MICHAEL STEPOVICH - TRACT 4569 - SOBEY ACRES Mr. Huff displayed maps of the tract for Council's study, and said that all conditions had been met except for those stated on SD-746 the resolution. Stepovich Mr. Smith moved and Mr. Dwyer seconded adoption of Resolution No. SD-746-1, Resolution approving final map of Tract 4569, subject to conditions stated therein; the motion carried. E. SDR-737 - LARRY SWENSON - ONE LOT ON BOHLMAN ROAD Mr. Walker sta'ted that all conditions of SDR-737 had been met, with the except{on of the dedication, which was being prepared; SDR-737 that the steep site and building considerations had been carefully Swenson reviewed by the Subdivision Conmittee, the City Building InSpector, and by the applicant's soils engineer. Mr. Robbins moved and Mr. Sanders seconded approval of SDR-737; the motion carried. V. PUBLIC HEARINGS - 8:00 P.M. A. ORDINANCE NS-3.21 - PUBLIC HEARING ON AMENDMENT TO ZONING ORDINANCE RELATING TO DENIAL WITHOUT PREJUDICE OF CHANGE OF ZONING APPLICATIONS, SIGN STANDARDS FOR MULTI-FAMILY DWELLINGS, HOTELS, MOTELS, AND LODGING HOUSES AND ADDITIONAL DESIGN STANDARDS FOR RESIDENTIAL DISTRICTS IN THE CITY. Ord. NS-3.21 The Mayor declared the public hearing open at 8:35 P.M. Mr. Huff said the ordinance had been introduced at the previous regular meeting and had been referred to the Planning Committee for review. Mr. Robbins stated that the ordinance permitted denial without prejudice re zoning changes, tidied up the ordinance regarding uniform sizes for -3- Saratoga City Council Minutes 7/16/69 Page 4 signs as listed, and established a schedule for curved driveways as listed in Section 3 of the ordinance; that the potpourri of changes as given had been reviewed by the Planning Conmittee, which reconmended adoption of the ordinance amendment. There was no comment from the audience. Mr. Robbins moved and Mr. Sanders seconded that the public hearing be closed; in the absence of Objection, the Mayor declared the hearing closed at 8:38 P.M. FIr. Robbins moved adoption of Ordinance NS-3.21; Mr. Dwyer seconded and the motion carried. B. ARROYO SARATOGA PARK MAINTENANCE DISTRICT NO% 1 - PUBLIC HEARING ON PROPOSED FORMATION OF ARROYO SARATOGA PARK MAINTENANCE DISTRICT NO. 1 - CONTINUED FROM COUNCIL MEETING OF JUNE 4, 1969 The Mayor declared the public hearing open at 8:40 PoM. Arroyo- Mr. Huff presented a petition compiled by FIrs. Beckmann of Palermo Saratog@ Court, stating that 344 petitioners representing%. 191 lots opposed Park Maint. formation of the district. FIr. Huff also stated that drawings for District No.1 the proposed treatment of the road, cost figures for the entry, and for the maintenance had been prepared and reviewed by the Planning Committee. Mayor Tyler commented that in view of the approximate 75 percent opposition by residents, the District should probably be dropped, but that the information gathered and prepared should be retained for further study and guidance. Mr. Robbins agreed that in view of the opposition, formation of the district should be abandoned; but the matter should be referred to committee for further appropriate action. FIr. Sanders commented that discussions would be continued re formation of individual maintenance districts and the economics involved, and whether such problems should be financed out of taxes on the general community. A number of citizens spoke from the audience, including Dr. Wood of Junipero Way who said the city should take care of what was actual- ly city-owned property. Mayor Tyler reminded the audience that some years previous, the city had acquired the property in question at Arroyo Saratoga expressly at citizen request. Mike Siracusa said that maintenance costs of medians might be too high, and should be _r6vi~w__ed. Pete Vutz of Junipelo. Wa~y--questioned the value of traffic islands, in that some hindered traffic flow and maybe should be remgved. Mr. Reynolds thanked the committee and Council for its work,. and added that the city shoul~~ take a close look at future developments and impose stricter controls on developers. FIr. McPherson of Via Real said he, t, hought taxes' for maintenance districts might be ~, ..~'=.~discriminatory. 'Ch,,u, ck~Ellis of St. Anne's Court said he found confusion in the reports regarding the district as reported in the Saratoga News. FIr. Tyler responded that the language used was intended to cover broad applications, and the Council was now considering formation of a main- tenance district only, and not about the other matters mentioned in the paper. FIr. Oskar Thurnher of the Westbrook Homeowners Association asked i ~ "? ~ 2that questions of who pays for an asset for the city, as in the case of an attractive entry, and who benefits de facto were matters that should be carefully considered by the cormnittee during its review. FIr. Robbins moved and FIr. Sanders seconded that the public hearing be~closed, and in the absence of objection, the Mayor declared the hearing closed at 9:32 P.M. Mr. Robbins moved that formation of Arroyo Saratoga Park Maintenance District ~qo. 1 be abandoned, and the matter be referred to the Planning Committee for further study; FIr. Sanders seconded, and the motion carried. FIr. Tyler thanked FIr. Assaf for attending the hearing. -4- Saratoga City Council Minutes 7/15/69 Page 5 In the absence of objection, the Mayor declared a recess at 9:35 P.M. The meeting resumed at 10:18 P.M. VI. ADMINISTRATIVE MATTERS A. MAYOR Mayor Tyler said he had nothing to report, other than to remind the Council of the ICC meeting on August 7th hosted by Saratoga at Paul Masson Mountain Vineyard; to which wives are invited. B. FINANCE 1. Payment of Claims Payment of In answer to Mr. Johnston, Mr. Huff stated that Warrant No. 11208 Claims was being charged against land acquisition funds, and that, in accordance with Park Con~nission reconnendation, he was recommending purchase of the park site now, as~the City's option would expire in August, to purchase three lots on Verde Vista, near the Foothills School site. Warrant No. 11218, for $48,126.76 was the final payment to Raisch Paving Co. for work on Fruitvale Avenue, less the overtime penalty of $8,550.00. Mr. Huff asked for permission to prepare a warrant payable to Sacred Heart Church for the sum of $649.00 in storm drain refund, as authorized by the Council under SDR_-_731. Mr. Robbins moved disbursement of Warrants No. 11163 through No. 11220, as amended to include $649 for Sacred Heart, and that the Mayor be ahthorized to sign the warrants for the total of $175,982.08; Mr. Smith ,seconded, and the motion carried. 2. City Clerks Financial Report - June 30, 1969. The report was read without comment. 3. City Treasurer's Report - June 30, 1969 The report was read without comment. C. COUNCIL COMMITTEE REPORTS 1. Public Welfare Committee Mr. Smith reported orally on the status of the th_re~-party agreement Prospect Rd. among the County, City of San Jose and City of Saratoga. on widening Bri4ge and improvement of Prospect Road, He said that the first phase of the plan was acceptable, calling for the widening of the bridge, but that there were differences regarding the median strip. The revised County plan'called for a 14-foot wide landscapeed median plus a 7' strip on each side surfaced with red rock. He said that this was an important entryway to the city, and should be attractively planted, and not red-gravelled. He added that the City of San Jose seemed in agreement with Saratoga on th6%matter. Work will probably not begin on the bridge until next Spring, as the County had to reach agreement with the Flood Control District on-certain aspects. Mr. Smith moved that the City.of Saratoga insist upon all4-foot median'and four lanes, with 15' parking strips instead of the eight foot strips shown on the plan in accord with Mr. Shook's report on the matter. Mr. Robbins seconded the motion, which carried unanimously. Mr. Smith said that he and Mr. Dwyer appreciated the good work done by Mr. Shook and Mr. Thurnher. -5- Gity of Saratoga Minutes 7/16/69 Page 6 D. DEPARTMENT HEADS AND OFFICERS 1. Planning Director Walker reported that Mr. Costa of the Family Market had not yet fully complied with the structural changes and soundproofing requirements of the air compressor installation Family Market at his market; that the door was being left open for air circula- Noise Problem tion, and that consequently, the noise level on the north side was still considerably in excess of limits set. Mr. Walker suggested, in response to questions by Council that the matter had been dragging on for nearly a year, in spite of continued warnings, and that he suggested that a complaint 'against Mr. Costa be sworn out and filed, and that Mr. Costa be notified of the intended action to be taken within 10 days, if he did not comply. In the absence of objection, the Mayor so ordered. 2. Mr. Higby referred to the current report from the Park Commission, setting priorities for purchase of approximately 69 acres. In answer to Mr. Smith, he~said that final dollar figures for comple- X' tion of the first phase of the consultant's work'were in preparation P~rk and would be ready for the Council meeting in August. Mr. Smith Program said particular site purchase costs would have to be worked out, and data was definitely needed for this purpose, by at least the second Council meeting in August. Mr. Huff commented that it would be well to set a public hearing at the earliest time possible. Mr. Higby suggested that a joint meeting might be held-by members of the Parks and Recreation Commission and the Planning Committee; the Mayor asked that they set a time for such meeting, prior to the next Council meeting. E. CITY ADMINISTRATOR 1. Mr. Huff recommended that the claim submitted by Mr. William Hill for damages amounting $51.63 to his car be referred to the City's Hill Claim insurance 'carried. Mr. Sanders moved, and Mac. Robbins seconded that Fir. Hill's claim be denied, and referred to the insurance carrie~; the motion carried. (~?$ 2. Mac. Huff introduced the grant deed offered by Jada Development Co., the covering letter f~om the l~w offices of Berns and Steinberg, SDR-732 attorneys for Mr. Dave Franklin, and the letter dated June 26, 1969 Franklin from the County Flood Control and Water District, transmitting their proposed agreements concerning the Franklin development, Mr. Johnston analyzed the documents, and summarized by saying that they were defective, and not in accord with the original arrange- ments worked out earlier; that ineffect, Mr. Franklin was asking the City to take on the burden of negotiation with the District in regard to his title and easements to be granted. Mr. Huff suggested that Mr. Franklin be told that the conditions stated in his letter were unacceptable to the City, and that he should work out an agreement with the District per the original agreement, and that the City would abandon the pathway easement when he deeded the land to the District, and they in turn, granted the City, an irrevocable encroachment permit. Mr. Robbins moved that the Mayor be authorized to sign an agreement with the Flood Control District on the matter, subject to the approval of the city attorney; Fir. Smith seconded the motion, which carried. The Mayor directed the City Attorney to prepare a document that would incorporate the factors discussed, and include the conditions required. VIIi COMMUNICATIONS A. WRITTEN -6- City of Saratoga Minutes 7/16/69 Page 7 1. The letter from the Youth Center, dated July 3, 1969, was referred to the Policy Committee. 2. The letter of the Saratoga Chamber of Commerce, dated July 3, 1969 was referred to staff, re use of city equipment. 3. Dr. Mabel Newcomer's lette~ on park acquisition was noted. 4. The letter of Governor de Lima of Rio de Janei~o to Mayor Tyler was noted. 5. The letter dated July.l~, 1969, from the League of Women Voters in support of park land acqhisition was noted. 6. The letter on Prospect Road design from Brookview Homeowners Association, dated July 7, 1969, was noted. 7. The letter of Dean Schallen on watering of Saratoga Avenue median strips was noted and referred to staff. ORAL There were no oral communications. VIIII. ADJOURNMENT Mayor Tyler thanked Planning Commissioner Crisp, Mrs. Slade of the League of Women Voters and Mr. Os~'IThurnher for their aetendance at the meeting, and Mrs. Dorothy Park~r of the Good Government Group for serving coffee at recess. There being no further business, the meeting was adjourned at 11:36 P.M. Respectfully submitted, .R~.Huff, City Clerk