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HomeMy WebLinkAbout01-21-1970 City Council Minutes~ SARATOGA CITy COUNCiL MINUTES TIHE: JANUARY 21, 1970 - 7:30 P.M. PLACE: CITY OF SARATOGA COUNCIL CliANBERS, 13777 FRUITVALE AVENUE, SARATOGA TYPE: REGULAR MEETING I. ORGANIZATION A. ROLL CALL The meetin~ was called to order at 7:35 P.M. and all Councilmen were present. B. MINUTES Moved by Mr. Sunders, seconded by l~r, Robbins that the minutes Junuary 7, be approved es mailed with the followin~ emendment: Page 7, Item B 2. - add, "Referred to staff for study and reco~-~udation.' C. INTRODUCTIONS Nayor T~ler announced that Mr. Thomas Bolin had tendered his resignation from the Parks end Recreation Con~{ssion due to pressure of personal business and presented for confirumtion, Nr, Rene Jones~ who has been coordinating the Volunteers for Hakone during the past year. Counci]-~- Smith moved~ Mr. Robbins seconded that Rens Jones be appointed to the Parks und Recreation Commission. Carried unanimously. Mayor Tyler administered the Oath of Office to bit. Jones. II. BIDS &CONTRACTS - None III. PETITIONS, ORDINANCES & FOlhMAL RESOLUTIONS ORD.38.33 A. ORDINANCE 38.33 - Proposed Amendment to City Code regardin~ non- NON-TRANS- transferability of, new applications for; and. exemptions from, business FERABILITY licenses and identification cards and amending documentary st-rap tax OF BUSINESS exemption provision. LICENSES Moved by lit, Robbins, seconded by Nr. Smith for adoption of Ordinance No, 38,33. Carried und so ordered. B. RESOLUTION NO. 521 - Resolution Requestin~ Services of County Registrar for 1970 Municipal Election. RESL~N 521 Mr, Huff explained that this procedure, requesting the County Registrar REQUESTING to perform election services has been followed in previous municipal SERVICES OF elections. No functions have been added or deleted for the Councilmatic COUNTY election to be held April l~. Filing dates are Januar~ 29 to noon REGISTRAR February 19, 1970. Moved by Mr. Sanders, seconded by Mr. Robbins for adoption of Resolution No, 521. Carried und so ordered. IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. SDR-732 - FRANIG, IN HOMES - Continuation of Re~uest for Payment of street work on Fourth & Springer. SDR-73 The Ce~lttee has met with Mr. Franklin but the Committee Report is FRANKLIN not yet complete pending receipt of further information from HOMES Frunklin. Without objection, the matter was continued ~o the next regular meeting. B. SDR-831 - Ralph Anderson - 2 Lots - Request for Reconsideration of Conditions. SDR-831 l~r. Huff reported that the Planning Commission voted to adopt the RALPH attached Subdivision Committee report in relation to Mr. Anderson~s ANDERSON application for site approval recommending that the request for re- consideration of Condition II-B of the Building Site C~,~ttee Report dated 12 Junuary 1970 be denied. Condition II.B provides that Nr. Anderson dedicate und improve the access road to provide for a 26ofoot curb to curb street from mesterly tun-around to Quito Road. Mr. Robbins stated that he had talked to Mr. Anderson who had re- quested a meeting with the Planning Co-~ttee. Without objection, referred to the Planning C~,r,~ttee. SARATOOA CI~/COUNCIL MINUTES JANUARY 21, 1970 C. ~R-838 - Vincent Figliomeni - Final Bhild~'~ Site Approval - ~ ~t Oie~nt ~ive SDR-838 " . ~ Huff'~e~Orted that all conditions have been mt'~" H0ved,.by ~ VINCENT Smith'rSe6on~ed b~,~. S~ders f~ adopti~ o~ Re~olution SDR-838-1. FIGLI~NI Carr~ied a~ so 0rd~'d,= v. P~LIC ~iNUS - ~f~rrea dn~l 8:00 P.M. A. ~YOR ELECTION ~yor ~ler annOunCed ;t~at he iii cahdid~e ~or re-election ~RIL 14 in the fo~CO~ c~Uneiln~c election on April 1~. He re-emphasized the filing dates and ~no~ced.that the Council would adjourn to ~ecutive Session fo11~ this ~eti~ to consider purchase of park la~. B. FI~NCE 1. Paint of Claim In reply to a question fr~. Robbinss ~. Higby stated that the ~w furniture has all arrived ~cept for one shipmnt fr~ California ~rrectional Industries. ~ved bye. S~th, seconded bye. Robbins f~ appr~al of the list of d~sbursements dated January 21~ 1970 totalli~ $39~670.73 ~d that the ~yor be authorized to sign the warr~ts. Carried ~d so ordered. 2. ~e~urers Report Mr. ~er requested that ~e ~easurer be asked to list securities order of mturity ~ an aid in cash nagement to see what s~8 are nturing on a certain date ~d that the revised ~e~urerss Report be presented at the next regular meting. It was the consensus that where ,.here is ~y significant difference in yield~ the City~s responsibility is to obtain~im~yield fr~ ~uvestment of public fu~s. 3. City Clerk*s Financial Report - Noted ~d filed. V. P~LIC ~INGS OPTED AT 8:00 P.M. A. S~830 - GEORGE ~. DAY 8ONS~UCTION CO~Y - Cont~n~tion of Heari~ on Appeal from Pl~ni~ Co~ssion denial of -tentative mp for 15 lot su~ivision at Big Basin ~ay and Tollgate. S~830 ~. Huff reported that he had received a letter this afternoon GEO~E DAY George Nolte ~d Associates requesti~ that this mtter ~ continued CONS~UCTION to give the developer t~m to met with the Pl~ni~'Comittee. CO~A~ ~ithout objections c~tinued to ~xt regular metl~. City Clerk inst~cted to advise George Day Co~truction C~ay that this meti~ w~11 consider only the matter u~er discussion ~d will not incl~e the philosophy of cluster develop~nt. B. O~I~CE NS-3-ZC-49 - Heari~ on C-124 - Proposed C~e of bni~ fr~ 'P-A' (~ofessional-Ad~n~strat~ve) to '~ (Visitor-~rcial) for pro~rties fronting on both sides of Big Basin gay in the vicinity of Sixth Street. P~LIC ~ING OP~AT 8:03 P.M. O~.NS-3-~-49 ~. Hdf reported that this was the proposed re-zoning of the Saratoga ~NGE OF Vi11~e Area which is designated as C-V on the General PI~ but has ~N~ - BIG not been zoned accordi~ly.. ~is is t~ ti~ ~d the place set for ~SIN ~AY &' the ~ubl~C Hearing. Motels are a conditio~l ~e in C-V and therefore SXX~ S~ET Laurel ~t~ Court would not be a non-conforming use in the C-V zone. Apartmnts are neither a conditional nor pemitted ~e and ~s. Caldwell~s apartment would be non-confor~ ~less apartments were added to the list of condit~onal or ~itted used. Apartmnts are - 2 - SARATOGA CITY COUNCIL KIIf~IES JANGARY 21, 1970 now conf~rmin~, because t~-y ~e ;~rmi~ted in the P,A, zonix~ district. ~owever~ a h~iic Hearing i~ SCh~d~le~ before the c~un~il on an Ordinance to eliminate apartments in P.A. zones. Nr. l~alker sta~ed that the philosophy in ~eneral was to separate com~rcial development and professicxml development from residential uses. There is no specific intent to eliminate the apartments. l~alker said it would be appropriate to ask the Plnnnin~ Conwtssion to consider addin~ apartments as a conditional use in the C-V zone, He advised continuin~ action on this chanSe of zonin~ until completion the PlanninZ Co..-.tesion study. Hro Hernandez, owner of the Laurel ltotor Court, addressed the He did net feel it was fair tha~ he should have to request a Use Permit because it would be different £rom any other stt~cture in C-V ZoninE. He stated that be had applied for and received several permits to build and add-on durinS the past 14 years. In response the City Attorney read out a list o£ other conditional uses. Nrs. Barbara Caldwell stated that she had a well known piece of l~operty, which is her home and income and ill'~hich she had' $12~,000.00 invested. She stated her surprise at findin~ that it would be a non-conformin~ use. Real Estate a~ents have advised that this action will reduce the value of the property 50 to 75 per cent. She requested it be made a conforminS use. She stated that her taxes have increased from $1s400. to $3,892. per year in the past six years. In addition, the Tax Assessor has informed her that all Bi~ Basin ~ay will be re-assessed in 19~0 or 1971 and the taxes will probably double. She added that this property is only suitable ~or apartments, a metel or a Country LodSe. Hrs. Caldwell has been a resident of Saratoga since 1917. ~/ithout objection, the matter was referred to the Plannin~ C~_.-..ission £or consideration of methods to prevent the apartments from becomin~ nonocozfformin~ and the Public Hearix~ was continued to 14arch 12. VI. (c) COUNCIL C(I~I~i~f~S & CO~tNISSION REPORTS 1. T.O.P.I.C.S. Coordinatin~ A~ency TOPICS It was recou~ended by the Public Welfare Committee that the Council approve the Board o~ Supervisors as the Area~ide Coordinatin~ A~ency for the T.O.P.I.C.S. proSram. ~oved by Hr. Smith, seconded by ~r. Robbins to approve the report of the Public l~elfare C~tttee dated January 21, 1970. Carried and so ordered. 2. Parks Bond Issue PARKS l~r. Robbins presented the recommendations of the Plannin~/HanaSement BOND Cv...,.~tttee with reSard to the scope of the Parks Bond Issue which was ISSUE presented to and endorsed by the Parks & Recreation C~..-..tssion. This will include all the First Priority Sites except the site at the corner of Allendale and Chester. Nr. Robbins noted that all but the ~ildvood site are in the hiSh density areas. These recommendations are the sult of extensive study and are in accordance with the General Plan. Bowed by Hr. Smith, seconded by Hr. D~er for adoption of the Nsna~enmnt Planniz~ Co'~mittee report. Carried and so ordered. 3. Central Area Study CEItTRAL lit. Robbins stated chat it sas the Plannin~ Co--iitttee*s rec~-~..~ndation AREA that Nr. Reck be asked to re-word his proposal to apply ~ore specifically STUDy ~o the broader scope of the central area study. He indicated that the comnd tree expected to have the revised proposal ready for review by the Council in the near future, perhaps at the February 4 meetinE. SARATOGA CITY COUNCIL NINUT~S JANL~RY 21, 1970 4. SD-607 - Douglas P. Hines SD-607 In response to Mr. Hines' request for modification of a condition of DOUGLAS tentative subdivision map approvals the Pl~nnin~ Committee had met with HINES Mr. Hines to discuss the situation ned had also studied the matter with the Subdivision Co~t:ttee of the Planning Commission. -r4r. Robbins reported that Mr. Hines' property is back of Pierce Road and that he has an easement of adequate width to construct the required '26 ft. wide road except for slope easements. Mr. Hines has had problems gettiag the slope easement necessary to provide the 26 ft. ~Tide road without constructin~ a retainin~ vail. The Co-~ittee reco~nds that the 26 foot wide road be required, that the City enter into a bordering street reimburse~ent ngreenent with Mr. Hin~s, that abutting properties on the north be requ~r ed to enter Mr. Hines' road instead of Pierce Road and that the City not use ~he power of eminent domain to assist Mr. Hines in obtaining the slope easements. ~oved by ~r. Robbins, seconded by Mr. D~yer for adoption of the Planning Committee report dated January 21, 1970. Carried and so ordered. 4. Los Gates-Saratoga Symphony Request for Financial Support LOS GATOS Nr, Sanders reported that the E~anagemant Committee had considered this SARATOGA request and felt this was a worthwhile item because of its cultural SYMPHONY value. However, there is no provision in the Budget this year for SOCIETY contributions of this nature. PIt. Sanders stated that this will be added to the budget file for 1970-71, a~d =he Co-----~.-~-Z=e~ ~-:~ ~ ~&~eae~.=---=~-c= of =.~.~ z_-z~_c=~' d=r~_.T, _~_'_'~_y _~f ~_h~_ ra~'-'-~_'t. Previous City.support of cultural progr~m~ has been limited to making the Council Chambers available for performances at a reasonable rental char~eo Moved by Mr. Sanders, seconded by Mr, Robbins for adoption of the Management Committee report~ 5, I.C.C. - Disclosure of Assets DISCLOSErPa E~r. Sanders reported that the Mayor*s Con~-ittae of the I,C.C, requested OF ASS~-TS a six month moratorium on the effective date of the full disclosure of assets law because of the lack of clarity in t he new law. The intent of the action was to permit clarification of the law not to oppose Its imp lament at ion. 6. Intergovernmental Relations INTER- Mr. Sanders requested that the City Clerk inform the California Council GOVERN- on Inter~overnmantal Affairs that wa belon~ to A.B.A.G. and do not wish M~NTAL to form a nay re~ional organization. ~i~h no objection from the Council RELATIONS the Nayor so ordered. D, DEPARTM~ HEADS & OFFICERS PARKS & Mr. Higby called the attention of the Council to the minutes of the Parks RECREATION and Recreation C,.,~i~ssion which listed five action items, CO~SSION 1, Scope of Bond Issue - andcreed by the Comm!ssien. 2, Recreation Department Contract - Commission recomme~dation for a three year extension referred to Management Com-dttee. 3,4. San Jose-Los Gates Road and Fruitvale Pathways - Commission recommended i~ned~ata antion on these pathw~ays. Nayor Tyler noted that the Public ~Yorks Department is currently engaged in prelimin~ry studies, 5. Japanese Cultural Society - Commission endorsed the request for $850. for purchase of Tatami mats and minor repairs. Nayor Tyler referred this matter to the F.-'magemant.Co~{ttea. o 4- e SARATOGA CITY COUNCIL MINUTES JANUARY 21,'1970. E. CITY MANAGER A.B.A.G. i~ Mr~ Huff reported that e~Ch Councilman had been given a ELECTIoNs ballot for ABAG President and Vice-President. He requested.. that they be completed and returned to himbefo~e the end of' the meeting. CITY SEAL 2. Pit. Huff reported that Miss Dolores Clapp had brought the City Seal to the office to see where it might best be located. The seal is carved from oak and it is expected to be completed June, 1970, She also loaned us a copy of her pictorial record of progress on the seal. NE~ AUTOS 3. Three of the automobiles ~.lhlch were authorized have been delivered. Moved by Mr. Robbins, seconded by Hr. Smith that the City Manager advertise for bids for the sale of the two oEd cars. VII. COMIilINICATIONS A. WRI'r~'~ S.C.E.A. 1. Letter from Saratoga City Employees Association listing the officers for the 1970 Calendar year as: President Frank Horvath; Vice-President - Gene Paulson; Secretary- Treasurer - Cindi Nelson; Directors - Tari Retnholzs John Afandor. SDR-771 2. Request fromManfred Kahl on Allendale for a time extension MANFREDKAHL for street improvements on his site approval -SDR-771. Without objection, referred to staff for reco~u~endation. SOLID WASTE 3. Letter from the Santa Clara County Planning Commissions DISPOSAL enclosin~ a Resolution regarding regulations of solid waste disposal, Referred to Mr. Dwyer. B. ORAL LOS GATOS- Mr. Jim Naugle, Vice-Presidents Prides Crossing Home Owners SARATOGA Association asked for notice of the meeting on renewal of the RECREATION contract with the Los taros-Saratoga Recreation Department, DEPT. CONTRACT which provides recreation for residents outside the Saratoga School District. City Clerk instructed to notify Mr. Naugle when this matter is up for discussion. CUPERTINO Mr. Naugle also informed the Council that the Cupertino School SCHOOL DISTRICT District was seriously considering scheduling a $6 million BOND ISSUE bond election on June 2. PARK Mr, Naugle stated that residents in his area would like to see DEVELOPMENT some development in addition to the park acquisition proposed with the proceeds of the city park bond election June 2, VIII. ADJOaNT Mayor Tyler acknowledged the presence of Dr. Norton, Chairmnn of · the Planeing Commission; Rene Jones, the newly installed Parks and Recreation Commissioner; Mr. Cowan representing the P.G. & E,; Ruth Owens, Good Government Croup; Mrs. Slade from the League of Women Voters and Sam Hernendez. Moved by Mr. Smith, seconded by Mr, Sanders that the meeting be adjourned. The meeting adjourned to Executive Session at 9:05 P,M, At 9:30 P.M. the Council reconvened in open session and adJoutnied the meeting. Respectfully sub~tteds