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HomeMy WebLinkAbout12-20-1961 City Council Minutes SARATOGA CITY COUNCIL SUMMARY OF MINVfES TINE: Wednesday December 20s 1961 -- 7:30 P. M. PLACE: Fruitvale School, Fruitvale Avenues Ssratoga, California ~1~: Regular Heeting Nay~ Brazil called t~ meeting to order at 7:~0 P. N; A. RO~ ~L ~esent: Braz~l, ~ah, ~11~ Harm~ Absent: Gle~ B. M~S Counc~a ~11 moved~ seconded by Counc~mnn ~ to appr~e the m~nutes of the ~c~ber 6, 1961 meetings as corrected, ~d waive the reading thereof. Mot~ carried un~ously. N~e A. eI~ 4A-19 ~d. Counc~ ~ill .moved, seconded by Cc~ci~ ~ake~ to d~spense 4A-19 with the reddeng and adopt ~din~ce No. 4A-19s as ~n~uced at the ~aff~c last meet~ng~ pr~id~ng for traffic regulation by resolution. ~lat~ons Moti~ c~ried un~imously. IV SUBDI~SI~S ~D B~LDI~ Si~ AP~OV~ A; S~-321 '- F. J. '~dcl SDR-321 Councilman ~ake ~ved, seednasal by Co~c!lm~n ~rm~ to appro~ hcci Resolut~ SDR-321-1s approv~ng ~e lot on Bellecourt Avenue ~ a building s~te. Motion ca~ed u~ousiy. SD-169 - Rober~ M0rE~ ~ ~CT 2~20 S~169 Council~n ~n~ill moved~ seceded by Councilman Har~-u to adopt Morgan Resolution No. SD-169-1s approves final ~p of ~act 2720. ~. 2720 Motion carried ~an~mously. C. SD-319 - Robert Morgan Clerk ~o~ced that ~s ~s ~ appeal that has been f~led on con- '~ ditions No. 21 ~d 22 of SD-319 tentat~ subd~s~on approval of a f~ve (5) lot subdivis~on on 3~e Way and S~atoga Arena. The S~319 ~o c~d~t~s w~ch ~. MorS~ is ap~al~ng require ded~cat~ ~d Morg~ ~rov~nt to S~atoge Avenue f~ a ~5 foot half street for the Appeal length of t~ fretage of the subd~s~on~ appr~tely ~0 feet~ and t~t street ~ro~nts ~ a 90 f~t r~g~t of way. be 64 feet. ~. MorE~ stated that this is ~ appeal ~der the bus~ness and professioM Codes Sect~ 11552 and asked t~t pu5l~c hear~ng be held by the co~c~l ~n accordance w~th th~s section of the code ~d ~t test~y be he~d to dete~ne the ~nd~ nat~e and qual~t~tes of the subd~s~.. Cit~ Attomeys questioned by the Mayor regarding notice of public he~s stated t~t, ~der the Subdivision ~p act~ notice ~s ~ly required to be g~n to the appl~c~t ~d t~ ad~so~ agencT~ t~t ~n th~s c~e the ~s~ a~ency ~s the PlaninS C~ss~on~ tha~ this is the only date on which the hearing can be set under the Statutes from the time of the filing of this appeal; and that~ as a de novo hearing, both sides have the opportunity to p~esent witnesses if they so desire, Planning C~issioner Bennett stated that h~ received nOtida that this appeal would be made and that he had been given permtssio~ to represent the Planning Co~.lssion at such hearing. De novo public hearing was declared open end council waived swearin~ of witnesses. Mr. Robert Morgan, the applicant, requested that the Council eliminT ate the requirement that he not only dedicate but improve 400 feet on Saratoga Avenue for heavy traffics not Just to acc~modate neigh- bothnod needs in the subdivision. He stated. that only one lot in this subdivision is affected by Saratoga Avenue and that it is his SD-319 understanding that although he can be required to dedicate land not Morgan a part of the subdivision, he coxmot be required to improve it as Appeal well. He further stated that it is economically ~mpossible for him to ~mprove and dedicate two fully improved streets abutting his property. M~o Morgsn said chat although he did dedicate and haprove for a six lot subdivision across the street, he is unable to do so in this subdivision as one lot cannot carry the borden of improvement to Saratoga Avenue as required. Mr. Plorgan contended that it is un- reasonable to require a subdivider to improve and dedicate 400 feet for a highway to serve one lot and Chats unless the subdivider is willing to do sos he did not tb/nk he could legally and constitution- ally be required to do so. 14r. Morgan requested that the Cormoil have the Director of Public Works advise them of the nox~nal require- meats for a subdivision for c~parison to conditions which he feels are an addltional burden imposed on his subdivision because it is adjacent to a major thoroughfare. Mr. Morgan estimated that dedi- cation of the land would cost him from $3s000~00 to $4,000.00 and that improving it would cost an estimated additianal $15,000.00 to $ 20,000.00. Planning C~u~issioner Bennett advised th~ other applicants have been required to comply with similar conditions and cited that St. Androws Episcopal Church is one ex~nple where a bond has bean posted to carry out the some conditions being appealed by Mr. Morgan. Planning Cz.-.-dssioner Bennett stated that this appeal was brought to the Planning C~ssion an8 the Conditions were retained as reasan~ able and canforming with similar ~equirements which other subdiViders have c~u~lied with. Mr. Morgan stated that he would 0fret to dedicate a strip i5 feet by 440 feet for the widening of S~ratoga Avenue and would ais~ .be w~lling to improve~ from the shoulder of the existing pavement to the required widths that portion .adjacent ~o the most westerly lot on Saratoga Avenue - a distance of approximately 1~0 feet. Counc~iman Drake n~)ved~ seconded by Counc~iman Har~,~-, that the public hearing be oon~inued to the ne~t regular meeting. X~otion carried unanimously. D. SDR-202 Poleritz SDR-202 Counci~-~, Drake moved~ seconded by Counci~r.~- Lan~will to release Polentz the improvement bond posted by Perry Polentz for perfomsnce of Bond canditians of building site approval. Pintida carried unanimously. Recess and Recanvened V PUBLIC A. C-39 PALO ALTO I~VELOFi~ENT CC~P~C~ Public Hearing opened at 9:26 P. M. an application to fezone from C-39 "~ to "Rl:12,500-P-~~ lots 1, 5, 6, 8 and portions of Lots 2 and Public of the John Cex 1Estate Partition and approximately 1.03 acres of the Hearing 14alter Sea~raves property adjacent to Saratoga Avenue at the NE line of Tract 1690. 2 Clerk reported that no ~rritten co~nunications have been received regarding the proposed rezening and that notices were published and mailed to adjacent property o~ners according to law, Clerk stated that the Planning Conelesion has reconnended that the erd- a inance not be adopted till the tentative map has be~n approved and C-39 it is expected that action will be taken, on the tentative map at Pal0 Alto the Planning Ce~,-,.lssion meeting of December 26s 1961, Mr, Beck of Dev; C, Ruth and Goings representing the applicant, was present to answer Public any questions. Mrs. J. F. Wilson, property owner. on SCotland Drive Hearing adjacent to the property~ stated that she had no objection to the rezoning, No one present objected to the rezoninS, Councilman Lan~wi11 moved, seconded by Councilmnn Herman to close the public hearing. Motion carried unsnimously 9:36 P. M. Mayor introduced Ordinance NSo3-ZC-2~ amending the zoning ordinance and map, and Clerk read title of the ordinance which will be on the ageads of the next meeting for debate and second reading, VI OLD BUSINESS A. ~ESTBROOK ANNEXATIOI~ REQUEST Westbrook Continuation of staff survey report relative to request to cou~ence Annexation annexation proceedings in Westbrook subdivision, Study Clerk announced that this matter was continued for consideration of the full counc~.l but that a fu!l cormoil still is not present, He Footbridge also reported that negotiations with the County and City of San Jose Sara,Creek relativ.e to a footbridge across Saratoga Creek on Prospect Road have a bearin~ an this annexation request as the Eastern boundary of the Westbrook subdivision is the cente~ line of the creek. Councilman Drake moved, seconded by Counci]m-n Langwill that the matter of Westbrook annexation request be deferred until such time as the cormoil has further and substantial information with respect' to the bridge situation and till .such time as the full ~uncil is present, Motion carried nnanimously, B, ROLLING HILLS ANNEXATION REQUEST Clerk read a request from Dr, Frank Watkins asking re-activation of Roll~ing his request for ~onsideration of ~nne~at{on of approximately 10 acres Hills on ROlling Hills Road, Dr, Watkins .of Crestbrook Drives Saratoga, Annexation r~presented the ~pplicants in this ~equest and ~ith no obJec~ion, Request Hayor directed that the matter be referred tO the Staff for the appropriate stud~ bases on the criter{a of the council policy ~ annexation requests. C. SDR-136 SACRED HEART CHURCH Clerk reported that Father Geary of Sacred Heart Church had been contacted and had no objection to the map and staff report of the Planning Co~,-~ission rec~mnendations regarding their request to re- SDR-136 rain the old entrance in addition to the new ~wo-way entrance to Sacred Sacred Hear~ Parish, Heart Entrances Councihnan Drake roeveda seconded by Councihnen Hartman to deny the request from Sacred Heart Churchs dated September 25s 1961s re the old entrance and to adopt the rec~endations of the Planning Com- mission as outlined in the Staff report and accompanying map. Motion carried unanimously, D, FOOTPATH FRUITVALE AVEIftIE Clerk reported that estimated cost of incorporating a footpath as Footpath-' part of a Gas Tax project of improvements to Frflitvale A~enue from Fruitvale Saratoga Avenue to Ferret1 Avenue is $126,888,00. Avenue Cormoil concurred that it is economically not feasible and discussed the alternate proposal from Saratoga Avenue to Fruitvale School at a cost of $3~820. It was the consensus of the conncil that the matter be referred to the Planning Cvu~aittee for a study on rec~ndations to be made to the City Coonoil, 3 E. SIDE~4ALKS REPORT The Director of Public Works submitted a report reco~ending that the council adopt an interim general policy relative to sidewalks on streets abutting or leading directly to a school site or on streets indicated iu the general plan as major streets. After discussion, Councilman Langwi11 moved, seconded by Councilman Harman that, by minute resolution, the City Council approve the S~dewalks report free the I~rector of Public Works, dated December 19, 1961, Interim relative to sidewalks and that it represent the courttiles interim Can, Policy general policy (with details to be determined at the discretion of the Planning Co~ission) to be presented to the P!anning C~lssion for their guidance and policy in setting requirements of tentative subdivision maps and, further, that the Director of Public Works attend the Planning C~lssion meeting to assist inl interpreting these requirements and generally give technical advice. Motion carried unanimously. Council concurred that, if the Planning Cee- mission wishes, further consideration will be given to this matter at the next meeting. VII A~NINIS~L~TIVE MAT1ERS A. MAYC~ Mayor asked that the council indicate, by the January 3rd meeting~ LC.C. an expression of their feelings regarding mass transportation in Mass Santa Clara County. He announced that he has been asked to present Trans- the council*s views at the Inter-City Coancil Mayor's ccnTnittee meet- potration lug of January 4, 1961. B, FINANCE Councilmnn Drake moved~ seconded by Cooncilm-n Lan~will that the Bills disbursements listed in the mount of $12,906.62 be approved and that warrants be drawn in payment. Motion carried ummimously. C. C(I~fITI'~S (1) City Administrator reported that Chief of Police, Barney Rosasoo, Jail tour will contact the coonoil to arrange a date for a tour of the Jail facilities of the County. (2) Councilman Hartman reported that he had artended. two Water Water Cvu~uis-~ion Steering C~ttee meetings and that ~he Committee Co~issi~n is attemptin~ to ~et a basis of taxation for the water program, (3) Council discussed the educational benefits of riding with Sheriff*e Deputies as an observing passenger. No action taken. D. DEPARTMENT HEADS AND OFFICERS (1) Director of Public Works presented an a~reement for Herr{~n Avenue right of way for a parcel owned by E. M. Joy and stated that there are about three more parcels to be acquired. He R/~ reported that the Herr{~nn Avenue bridge is 85 to 90~ completed Herrlinen Ave. and that the road is about 60 to 70% ceeplete, with the cee- pletion date dependent upon the weather. Counc~l~-n Drake moved, seconded by Councilman Har~-n tO authorize the Mayor to execute the right of way acquisition a~reement with E. M. Joy for $550.00, Motion carried unanimously. (2) Director of Public Works presented a proposal [or improvement to the Lancaster and Austin Way intersection at an estimated Austin Way- cost of $813.00. He stated that residents in the area have Lancaster requested improvement to benefit peopie turning toward the Intersection village free this area. After discussion, Council concurred that Councilman Hartrn~n meet with the Director of Public ~4orks for a field inspection of the area and report back to the council. 4 E. CItY AI~II~S~RATOR (1) Council studied an in£ormal report from Hark Thomas & Co~ regarding proposed fomation of Stom ~ainage ~sessment District No. I and Clerk reported that the County, as City Engineers has app~oved the report, ~, Harry F, A~ach, Jr, of Hark ~h~as & Comp~ys outlined Stom ~ain the cost estimates o~ conerection and explained that the ~sessment boldaries sh~ in the in~o~al proposal include all the Diet, ~1 people witch the bo~d~ies vhose property ~Ould drain into the system and none tha~ would not, He discsseal v~iouS. bondinS acts ~d:stated that it is their reco~endation that the assess~nt district be fomed ~der the 1915 Bond Act~ Council discussed the m~er and Councilman H~ m~ed, seconded by Co~ci~ L~i11 ~o adopt the rep~t dated' ~c~ber 1, 1961 fr~ ~k Th~as & C~pany, as the councils s ~pression of inf~al inten~ion, ~d Co direct the Cl~k to set t~e ~d place for ~ tn~omal he~ing on the matter, Hotion carried ~ly. (2) City A~inis~ator distributed copies of a repor~ ~r~ Couu~ Bldg, Executive H~ard C~pen relative ~o building ins~cti~ services Insection to Con~acfi Cities ~d advised t~ it Is for hfoma~on ~ly C~tract ~d that no offfclal ac~ledg~nt of the Board of Su~r~sors Services hanna adopted fihe repor~ has been received as yet. A. ~T~N None ~. Ceor~e Farrier~ Co~ Libr~i~, gave a pro~ess report of the Libr~y rental nego~iatio~ for the Ci~ ~ed Library b~lding ~d stated t~at it is ~cted that a report will be su~itted to the Ci~ A~nistrator on the matter before tM n~t re~lar co~cil ~ethg. C, ~ rebo~en~tion of the City Atto~y, C~nci~ L~11 m~ed, Riley sec~ed by Counc~ H~n Co authorize the ~yor to ~ecute an Contract ~en&eut ~o ~he c~tract with J~eS Riley~ ~tending the deadline to Sept~ber 30, 1962. Moti~ c~ried un~ously. D. Mayor th~ed Plni~ C~tssioner Be~ett for his attendance at the meeting. C~ci~ H~m~ m~ed, seceded by C~ncilm ~a~ to adjoin the meeting. Moti~ cmied ~an~sly 11: ~O P. M. Respectfully submitted, CORDON H. HC~E, CITY CLERK 5