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HomeMy WebLinkAbout11-15-1961 City Council Minutes SARATG~A CITY COUNCIL SI.11'IIlARy (IF FIINIPi'ES TINE: Wednesday, November 15, 1961 -- 7:30 P. M. PLACE: Fruitvale Schools Fruitvale Avenue, Saratoga, California TYPE: Regular Meetin~ I C~GANIZATION Mayor Brazil called the meeting to order at ?: 35 P. M. A. ROLL CALL Present: Brazil, Cleanon, Drake, Lsn~will, Hartman Absent: None B. MINUTES . Councilman Drake moved that the minutes of the November 1, 1961 meeting be approved as mailed and the reading be waived, Motion seconded by Councilman Lan~will and carried unanimously. BIDS AND CONTRACTS A. Mr. Eden Estates Asse.~smant District No. I Opening and declara- tion of sealed proposals for the construction of pavements carbss Mt.Eden Estates gutters and drainage facilities and appurtenances. Assessment Diet. ~1 Clerk opened and read the two sealed proposals received for struction of lmprov~v~nts in Mr. Eden Estates Assessment District No. 1. They were: Bid from Peter,an Brothers in amoun= of $28s843.69; and bid from Sondgroth Brothers Construction Company in amoun= of $22s810.00. Mayor referred both bias to the Director of Public works for report later in the meeting. III ORDINANCES AND FORMAL EESOL~YI'IO~S A. ORDINANCE NS-3-ZC-1 ALPHA LAND CeIPANY - File C-38 Clerk read Ordinance NS-3-ZC-1, this being the second reading of ordinance chan~ing zone of approxtmntely 33,36 acres located on Ord. Highway ~[9 north of Thelma Avenue fran RI: 12,500 to RI: 12sS00-PD, NS-3-ZC-1 After discussions during which it was pointed oat that if the Alpha applicant does not file a subdivision map for developmen~ of the Land Co. area ironring on Highway ~9 within a reasonable time the Planning Caumission can instigate procedure to change the area back to itvs original zone~ Councilman Drake moveds seconded by Councilmn- Hartman to adopt Ordinance No. NS-3-ZC-1, -mending the zoning ordinance and the zoning map. Motion carried unanimously. B. RESOLUTION NO. 52-A - SARATOGA CIVIL L~FENSE AND DISASTER OPERATiCkS PLAN Res.52-A Clerk read Resolution No. 52-A, adopting the Saratoga Civil Defense Civil and Disaster Operations Plan, Mayor reported that the plan has been Defense & approved by the State and that a detailed survey of available re-' Disaster sources and functions of the various services is expected to be Opt. Plan available some time in January from Chiefs of these services. Mayor cuu~ended Dr. Kellem and Mrs. Pat'ker for their efforts on this plan and Councilman Len~wi11 moveds seconded by Councihnan Hartman to adopt Resolution No. 52-A. Motion carried unanimously. -1- C 0RI)I~CE 12 -A .-~4~JENI)I'NG ~EE ~F(lJl~vl LOCAl, $AI, F,S & USE ~ (I~DINANCE l~ayor Brazil introduced Ordinance 12-A, smendir~ Ordinance 12, the Uni£onn Local Sales & Use Tax Ordinances as rec~nended by the League Ord. 12-A Uniform of California Cities. City Attorney reported that the ,mendmeat is Local necessary because of new legislation effective January 1, 1962, and Sales & that the League of Cities has drafted this ordinance because of the Use Tax requirement that cities and counties sales and use tax ordinances be uniform. At the request of Council~ Drake, Mayor Brazil directed that copies of the League of Cities report regarding this matter be mailed to each councilman for study before the second reading of the ordinance at ~he next regular meeting. IV SUBDXVISIONS AND BUILDING SITE APPROVALS A. SDR-286 FREDERICK OSSENBECK SDR-286 Councilm~n GlennOn moved, secOnded by Councilman Lungwill to adopt Resolutian SDR-286-1, granting building site approval to Frederick Ossenbeck Ossenbeck for one lot On Via Regina. Motion carried unanimously. V lrdBL~C HEARlEGS - 8:00 Poke A. MT. EDEN ESTATES ASSESSMENT DISTRICT NO. 1 Mr. Eden Mayor opened the hearing on Resolution of Intention to construct Estates improvements in Mr. Eden Estates Assessme. at District No. 1 at 8:00 P~i. Assessment Clerk reported that all notices have bean duly and properly published Dist. ~1 and posted and that no co~unications~ pro or con, have been received .... regarding the matter. No one responded to Mayar's announcerhour that Public anyone present wishing to address the council in the matter of provemeats to Mr. Eden Estates Assessment District No. 1, could speak Hearing at this t~me. Res. 108 Clerk read Resolution No. 113, over-ruling any protests to Resolution of xntentian No. 108. No £u~ther evidence was introduced and Councilman Lungwill moved, Res.ll3 sec'Onded by Councilman Glennon to close the public hearing. Motion Carried unanimously 8:07 P. M. Over - ruling Councilman Len~will moved, seconded by Councilman Har~n to adopt Protests Resolution 113, over~uling p~otests on Resolution of Intention, to Res.108 No. 108. Motion carried unanimously. Clerk read Resolution No. 114, ordering work on l~t. Eden Estates Res. 114 Ordering Assesmnent District Nee 1. Councihnan Glennon moved, seconded by work Councilman Drake to adopt Resolution No. 114, as drawn by the finn of Kirkbride, Wilsonn Harzfeld and Wallace, Motion carried unanimously. Clerk read Resolution No. 115, awarding cantract for improvements in Res. 115 Mr. Eden Estates Assessment District No. 1, to Sandgroth Brothers Award of Construction Company for a total bid of $22,810o00. Director of Public W~ks announced that the bid is in order and the City Attorney Bid - Sondgroth reported that the bidders bOnds are in p~oper Brothers Counciiman Lang~tll moved, seconded by Coueci~m~u Herman to adopt Resolution No. 115, awarding contract to SondgroCh Brothers Construc- tion Company for the 1awest respansible bid of $22,810.00 B. UP-SO - APPEAL Continuatiop. of public hearing un appeal from Planning Co~lssion UP-SO decision in granting use permit to Our Lady of Fatima Villa - 8: Appeal Clerk announced that each councilman had a copy of a letter from the Our Lady appellants requesting further continuation o.~ the hearing to the next of Fatima regular meeting and with .no objectiOn, the Mayor ordered the matter continued to the meeting of December 6, 1961. VI OLD BUSINESS A. I~ESTBROOK SUBDIVISION Westbrook Staff survey report relative to reqtmst to commence annexation Annex, proceedings in Westbrock Subdivision was accepted by the Council Staff and, with no objections the Mayor directed that the report be held report for study till the next A. HAYOR Mayor announced that appoin~ment of a S~reet Name Cummlttee would St. Name be deferred to the next meetihg as he 'has been unable to contact one of the three men under consideration for the catteeo B. FINANC~ (1) Councilman Drake tooveda seconded by Councilman Hartman to approve Bills the disbursements dated November 15s 1961 for a total amount of $27,548o61 and e. uthorize that warrants be drawn in payment. Motion carried unanimously. (2) Treasuretea and City Clerk~s financial reports for the month Reports of October were submitted to the counc!lo Co CCEMITTEES AND REPORTS (1) S~RVEY REPORT re SCHOOL CROSSI~IG ON SARATOGA AVENUE Council reviewed the report dated October 25s 1961 from Deputy Donald T~a,b,~ of the Sheriffss Department wbtch was subnkttted in connection with the request of Saratoga Union School District for on adult crossing guard. Couecil discussed the report at length w.~.th Hr. Dam Ungarros Superintendent of Saratoga Union School District; Dr. David McKell~ member of the School District board of trustees. Crossing Mr. Ungarro sta~ed that the school district had conducted a Guard - traffic survey of their own Saro Ave. an adult crossing guard is needed to cross the Fruitvale School students. He reported also that they had contacted other school districts and had found that those using mechanical control devices have found them unsatisfactory end are discontinuing such use. Mr. Ungarro stated that Mr. Smeltzer, County Traffic Engineer had, at his requests made an analysis of the school crossing matter and had advised that he would rec~auend an adult crossing guard for this looation if he were making the report. After considerable discussion Councihuan Glennon moved tha~ the report from the Sherifles Department be accepted and that the Council direct that the existing school crossing be moved to the north in conformance with the reco~endation of the Sheriff~s Deparrmont; that a new cross-walk be painted at the intersection of Saratoga Avenue end Fruitvale and that the Saratoga Union School District be urged to enter into an agreement with Sacred Heart School for sharing a student patrol. Councilman Ian~will seconded the motion which carried onanimonsly. Councilman Drake announced that the City must have consistent standards in handllng requests of this kind and he and Council- man Glennon both advised the school district representatives present that the Council must abide by the Sheriffss Depart~nent report as the Sheriff~s Department has Jurisdiction in this area end is the tityes experts ~hereas the County has no jurisdiction in the ma~ter. -3- D. DEPARTMENT HEADS AND OFFICERS Councilman Drake moved that the report fr~n the Chief of Police Stop regarding stop sign requests be accepted and the recu~endations Signs be adopted; denying the request for a stop sign on Three Oaks Way at Baranga Lane and directing the City Attorney to draw up an ordin- ance for'the installation of a stop sign on Clen Brae Drive at Scot- land Drive. Motion carried unanimously. E. CITY AI~iINISTRATOR (1) Clerk read a letter £rom Dr. Cillette, Superintendent of the Los Catos Union High School District advising that the School Herrimau Board will agree to exchange 20 feet of right of way to the Ave~r/w City in exchange for value equivalent to improvements of paving, LCUHSD curbs, gutters and 400 feet of 5 foot wide sidewalk. A~ter discussion, dtrring which council questioned the installa- tion of sidewalks, the Mayor directed, with no objection, that the matter be referred to the City ~c~uistrato~ for report at the next meeting. (2~ City Administrator distributed copies of Ordinance 29 in hand- Drd. 29 book form to each of the Council and Staff, for ready reference Handbook to this procedure ordinance° (3) At request of the City Adm~istrator, Mayor ordered that the Fruitvale matter of the Footpath on Fruitvale Avenue be continued to the Fontpath next meeting, (4) City Administrator reported that the request at the last meet- ing for an additional $575.00 for improvement to the footpath Quito on quito Road was in error as the total cost for the footpath Footpath and improvements is $575~.00, of which $420.00 has already been allowed, so that the reqnested additional cast of improvements is $175.00. Councilman Drake moved, seconded by Councilmnu Hartsnan to authorize that additional expenditure of $175.00 be approved for improvement to the footpath on Quito Road. Motion carried unanimously. (5) City Administrator reported that the Board of Supervisors, a~ Bldg. Insp. a meeting on November 13, 1961 referred back to the County Contract Executive the matter of cost and efficiency study of building Services inspection contract services to the cities of Saratoga and Monte Sereno and that further action on the matter is expected sometime in December. VIII CCI~fONICAT~ONS A. WRITTEN (1) Clerk read a letter from William L. Higgins, dated Nov. 14, 1961 W. L. Higgins advising the cot~xcil that pressure of business required him to Resignation- resign as. a Planning C.'.!!l!'!~'~ssiouer of the City of Saratoga. Coun- P1. Cau~tssion eil concurred that the Nayor write a letter to Mr. Higgius, accepting his resignation with regret and expressing the ap- preciation of the council for his services as a member of the Planning C~.~issiou. (2) Clerk read a letter dated November 14, 1961 fram Mr. L. g. Michael,on of 15130 Fruitvale Avenue, Saratoga, requesting a progress report on the status of the compromise proposal for Hwy. ~9 improvement to Highway #9. Mayor Brazil, reported that he and Mayor pro tern Glennon had arranged an appointment with Mr. Sinclair of District' IV of the Division of Highways several weeks ago, but ~hat FAr. Sinclair was not present, and that neither Mr. Black nor Mr. Haylet, who mat with them in place of FAr. SinClair, had authority to make any decisions for District IV, Mayor and Nayor pro tern assured that they had made every effort to try to obtain some kind of reco~endation from }it, Sinclairfs office and had been unable to do so, Mayor reported that e'desi~n study map of proposed improv_~--nts is no~ available for council study, Council dis- cussed procedure and time schedules involved with respect to requests for appropriations of funds for highway improvements and after further discussions Countlit. n- Hartman movedr seconded by Councilman Glennon that= (1) the staff be directed to pre- pare a draft of a formal proposal fur Highway ~9 tmprovp~-nts; (2) the Council study the design map thoroughly before the next meeting; (3) both the map and the formal proposal draft be put 'on the agenda for Council considerattan at the next regular meeting; (4) arrangements be made fur the matter to be on the Board of Supervisors agenda immediately following the next meet- ing; (6) _ar=angpm~nts ha made to have the matter on the agenda of the State }I~ghway Ct~ulsston as soon as possible. Motion carried unanimously, The City Administrator was directed to repiy to Mr. Nichaelson advising h~n of the above action of the council~ B. (llAL Lot (1) A request f~om }LYo S-am Hernandez of Big Basin Ways Saratoga, that council require the old Sacred Heart Property on Big Basin Hazards or Way to be cleaned up, was referred to the staff fur ~nvestigat- appearance ion and report. S.J.W,Wl (2) City Administrator was directed to investigate landscaping re- quir~-~nts of the San Jose Water Works resetrot= near Cox Avenue Cc~ Ave. and contact the Company in an effort to having the area landscapedo Landscaping Councilmen Hartman tooveda seconded by Councilm-n Glennqn to adjourn the meeting. Motion carried tL~-un~u~ly 16:30 P. M. Respectfully submitreds Gordon H. Howe~ City Clerk