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HomeMy WebLinkAbout04-17-1963 City Council Minutes 5A~AT~A CITV COIINCIL SI~,~{ARY OF ~INIITES TI~: i~ednesday, April 17, 1963 7:30 P. ~m. PLACE: Fruitvale School, Fruitvale Avenue, Saratoy, a, California TYPE: Regular ~{eeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:35 P. Wf. A. ROLL CALL Present: Brazil, Glennon, 9rake, Hartman, Ritchie Absent: None B. MINUTES Councilman Hartman moved, seconded by Councilman Brazil to dispense with the reading and approve the minutes of the ~arch 20, 1963 meeting, as distributed. Motion carried unanimously. Councilman Brazil moved, seconded by Councilman ~itchie to waive the readin~ and aVprove the minutes of the April 3, 1963 meeting, as dis- tributed. Motion carried unanimously. II BIDS AND CONTRACTS A. AGREE~ENT ]'IITH COUNTY OF SA~FFA CLARA re PAYMENT OF COSTS OF RIGHT OF I;~AY ACQUISITION FOR HIGF~VAY 9 Agreement re H~y.9 Matter deferred until arrival of City Attorney. III ORDINANCES kND FOP~,tAL RESOLUTIONS A. ORDINANCE 4A-23 Ord. 4A-23 Councilman Brazil moved, seconded by Councilman Hartman to adopt Park Place Ordinance 4A-23 as read, this beln~ the second teadinE o~ the ordinance Traffic establishing passenger loading, zone and no parkin~ zone on Park Place. Zones Motion carried unanimously. IV SUBDIVISIONS AND BUILDING, SITES A. SDR-3SS - DONALD STELLINC SDR-355 Stalling Councilman Hartman moved, seconded by Councilman Ritchie to adopt Resolution No. SDR-355-1, ffrantin~ final buildin~ site approval to Donald Stellin~ for one lot on Peach !{ill ~oad. ~,{otion Carried unanimous ly. B. SDR-218 - SAN ,IOSE lqATER X'?ORKS SDR-218 Councilman Drake moved, seconded by Councilman Hartman to release the San Jose bond posted for construction o~ access road to Vickery Reservoir in !'.sater !~orks connection with final buildin~ site annroyal. ~otion carried unanimously. V PUBLIC HEARINGS Deferred ~ntil 8:00 P..q., the time advertised for public hearings. VI AI~MINISTRATIV~ MATTERS ~ A. MAYOR ~ (1) ~{ayor announced that communications have been received from the Abandonment County Counsel and ~rom the City of Los Altos, ur~in~ Saratoqa to of Vasona join in petitionin~ the Inter-State Co{im,erce Co~ission ~or a Branch Line re-hearin~ of the abandonment o.t the Vasona Branch line of the Southern Pacific ~ailroad. Councilman ~itchie, as the City's representative on the County Trafficways Co~,~,,,ittee, re~orted that the trafficways program ~ill be seriously hampered if the abandonment is not allowed,and Mayor directed, with no objection, that the matter be continued for study. -1- Monte Sereno (2) Mayor called to the Councilgs attention a report, which he had Insp. Report requested fron the Chief Buildin~ Inspector, Outlinin~ the costs to the City for providing inspection services to the City Monte Sereno. B. FINANCE (1) Councilman Drake asked what criteria determines when the City Plan Check collects plan check Fees For sendin~ plans outside For checking Fees and was advised that certain types of public and quasi-Dublic buildin~ plans must be checked by a professional Civil Engineer but that ordinary residential type buildings may be checked by the BuildinK Department Bills Councilman Drake moved, seconded by Councilman Brazil to approve the disbursements on the list dated April 17, 1963, For a total amount of $26,527.17 and authorize that warrants be dra~n in payment. ~tion carried unanimously. Finance (2) Treasurer's Report and City clerk's Beport For the ~nth of Reports March, 1963 were accepted. Budget (3) The Third Ouarter Budget report was submitted For Council inForma- Report tion and study. Bank (4) Councilman Brazil moved, seconded by CoUncilman ~itchie to Signature authorize execution of new bank signature cards ~or withdrawal Cards of City Funds, in accordance with the recent election of uayor Glennon and Mayor Pro Tem Drake. ~otion carried unanimously. II BIDS AND CONTRACTS A. AGREEMENT WI~{ COUNTY OF SANTA CLARA RECARDING PAY~!T OF COSTS OF Agreement RIGHT OF WAY ACQUISITION FOR STATE ROHTE 114 (State Sign Route #9) With County re City Attorney reported that he had comgared the A~reement to the con- H~y.#9 tract between the County and the State an~ had apnroved it For Form. R/W Costs Councilman Brazil ~oved, seconded by Councilman rrrake to authorize the ~Myor to execute the agreement, as presented. !.lotion carried unanimously. V PUBLIC HEARINGS - 3:00 P. M, A. C-54 - 'ROBERT NEALE - Public Hearing on application ~or chan~e of zonin~ from R-M-3,000 to C-C for property near Saratoga Avenue and Park Place C-54 Neale Deputy Clerk reported that notice o{ hearin~ before the City Council had been published according to la~ and read two ce~munications received for this hearing. One, dated April 11, 1963, si~ned by Drs. Otto, Renollet, and Kilbourne, Jr., cited insufficient room For off-street parkin~ Facilities; and the other, dated Anril 11, 1963 and sicned by Katherine J. Addicott, Marjorie Griffin, Ida B. Harmstad, Dorothy C. O'Neill, and Marguerite Otto, objected to the proposal on the basis of parking insufficiency, noise, traffic 9attern, and invasion of privacy of the tenants of #1 Park Place. ~Myor Glennon read the conditions o~ reclassi~ication recon~ended by the Plannin~ Commission and Deputy Clerk read that portion of the Subdivision Committee report dated ~arch 21~ 1963, re~ardin~ zonin~ history of the property, Public Hearing opened at 8:11P. M. and the ~ollowing persons s~oke re~ardin~ the matter: Mrs. Faith Appleby, O~mer of the property adjoinin~ \Ir. ~eale's nroperty~ outlined her objections to the proposed rezonin~ and, at Council r~quest, filed with the OeDuty Clerk a written copy of her con~ents. ~. Robert Neale, the Anplicant, spoke in Favor of the rezonin~ and asked the Council to study the complete File of the Findings o~ the Plannin~ Commission. -2- Mr, Clarence Neale, P~oprietor of "The Barn" and brother of the applicant, sta'ted that 250 land o~/ners and neighbors to the property had si~ned their approval to the rezoning and filed it with the Plannin~ Commission. C-54 Robert There being noone else who wished to speak at this time, Mayor directed, Neale with Council .approval, that the public hearing be continued to 8:00 o'clock, P, M, at the next regular meetin~ of May 1, 1955, and, in the interim, the matter be .referred to the Planning Committee of the City Council for study and report. B, ORDINANCE NS-4,2 - Second readloft of Ordinance regarding Private Patrols Ordinance NS-4.2 was read, being AN ORDINANCE ADOPTING BY REFERENCE CERTAIN PROVISIONS OF TITLE S OF TIE SANTA CLARA COUNTY ORDINANCE CODE, Ord. NS-4,2 AS A~FFINDED, REGULATING PRIVATE PATROLS, City Attorney explained that Private the ordinance provides that anyone holdin~ a valid permit to operate Patrols a private patrol in the County may also operate in the City o~ Saratoga. Deputy Clerk reported that notice of public hearin~ had been published accordin~ to law and Public Hearing opened at 8:58 P, ~, Dr, Barney V, Rosasco, Saratoga Chief of Police, reco.n~nended adoption of the proposed ordinance. No one else present wished to speak regardin~ this ~atter and Council- man Brazil moved, seconded by Councilman Drake to close the public hearing. ~tion carried unanimously at 8:50 P. Councilman Drake moved, seconded by Councilman Brazil to adont Ordinance NS-4,2| ~4otion carried unanimously. Recess: 8:40 P. Reconvened: 9:05 P, C. ORDI~CE NS-~.3 - Introduction and nublic hearin~ of nroposed amend- ment to Zoning Ordinance nrovidin~ for 4-H and similar uses and adding certain sections relating to conditional uses. Mayor Glennon read the Title of Ordinance NS-3.~, bein~ AN A~END~IENT TO THE ZONING ORDINANCE NS-S, BY ADDING CERTAIN SECTIONS RELATING TO Ord.NS-~.S CONDITIONAL USES, AND PROVIDING.FOR 4-11A~I9 SIMILAR USES IN RESIDENTIAL Amending ZONES. City Attorney called attention to the fact that the proposed Zonin~ Ord. amendments while re.-ulatin~ agricultural club projects in residential re Cond. zones in particular/also amends certain sections relatin~ to Uses and general conditional uses. re 4-}t Club or similar Deputy Clerk reported that notice o~ Public ~earin~ had been published Projects according to law and Public Hearin~ opened at 9:15 P. The following persons spoke re~ardin~ this matter: Mr, H, R. Harvey, 15050 Sobey Road, described a recent situation wherein K neighbor of his kept several bull calves in such a manner as to create a nuisance. He submitted photographs taken of the corral and housing facilities for the animals, alou~ with photographs of "sample" facilities available through the schools. He objected that the 50' setback proposed for such facilities is not adequate, ~lr. Harvey also described the provisions of the Zonin~ Ordinance relatiu~ to the keeping of horses and asked if a person who mi~.ht gain normission to maintain two agricultural project animals could also keep horses ou the same property. Mr. Frank Small, 15020 Sobey Road, complained o~ flies and odor emanating from 'the Sobey Road installation which was described by ~lr. Harvey. ~tr. Herb Paulson, state~ that his residence overlooks that o{ the pronetry on Sobey Road where the calves were kent and that it had not been pleasant, He suggested that, if the amendment is adopted, the Council consider issuin~ printed instructions along with each Dermit ~or such project animals, outlinin~ the necessity For maintaining ~ood housekeepin~ and aesthetic measures. There being no one else who wished to speak re~ardin~ this matter, Councilman Drake moved, seconded by Councilman Hartman to close the public hearing. ~]otion carried unanimously 9:50 P. ~. The Council discussed the questions reised durin~ the public hearinq and Nayor directed, with council approval, that Plannine Director Stanley Walker contact various a~ricultural a~encies for technical information as to the facilities needed for such projects. ~yor requested each Council member to study the ~ile on this matter and directed the record to show that Ordinance NS-3.3 was introduced and continued to the next meeting. VI ABx~INISTRATIVF. MRI~|'~RS (continued) DEPAR~.~NT HEADS k~D OFFICERS 0uito Drainage (1) Director of ~ublic ~orks submitted a progress report, dated April 16, 1963, of the .~Ouito Drainage 9istrict proposal. Bohlman (2) Councilman ~rake moved~ seconded b~ Councilman ~artman' to authorize Drainage the expenditure of up to $?~0. For a sub-surface drainage stud~ Study of the Bohl~an-Kittridge ~oad are~, in accordance ~ith a request from the Director o~ P~lic !~orks, dated April 17~ 1963. ~otion carried unanimously. Civil Defense (3) Director of Public Works submitted copies of a proposed resolution Surplus Prop. relatin~ to .~rocure~ent of Civil Defense surplus property and reported that it will be on the a~enda ~or council consideration at the next meeting. ~eso 145 (4~ Councilman ~tartman moved, seconded by Councilman ~itchie to J. Huff adopt ~esolution No. 145, authorizin~ Ja~es ~. ~uFF to execute ~7S Funds for and in behalf of the Cit~, an a.~plication For allocation of ~unds to re~air or restore public real property pursuant to Public Law 875. ~otion carried unanimously. ~es. 1~6 (~) Councilman ~razil moved, seconded by Councilman ~itchie to adopt P.H. Aband. ~esolution No. 146, bein~ A RESOLL~rIO~ OF I~TENTION ~ Fifth St. PORTION OF FIFT~I STREET and settin~ ti~e and place for public hearinE on the proposed vacation and abandor~ent of said street. ~otion carried unanimously. Parks ~ (6) Plannin~ Director Stanley !~alker submitted For council stud~ ~ecreation a draft of four possible bond measures in connection with the ~easures Parks and ~ecreation Project. ~e tenorted that ~asure #1 will be transmitted to the Council as soon as a11 the figures are available for proposed swi~in~ pool facilities. C. CITY AD~I~IST~TOR No reports VII CO~.~UNICATIO~S A. WRITFEN Deput~ Clerk read a letter from ~r. John ~. Thorpe, Atto~ey representin~ the Azule Improvement Association~ requestin~ an opportunity to explain Ted Avenue their position re~arding the extension of Ted Avenue, as related to Extension the proposed ~irkorian subdivision in that area. Mr. Thorne outlined the matter, ex~lainin~ tha~ For some years the residents in this area have advocated the extension o~ Ted Avenue through any proposed subdivision and had submitted ~etitions to the Plannin~ Co~u~ission and Council to that effect. ~e stated that ~r. Galeb had a~reed to dedicate and i~rove that ~ortion o~ the Ted Avenue tension which ~ould ~o through his ~ro~er~y, provided the subdivider would do the sa~e, but that ~r. ~irkorian was not willin~ to ~o alon~ with the proposal. Mr. ~irkorian~s tentative ma? was considered by the Flannin~ Commission at their ~eeti~ of ~arch 2~, 1963 and, Thorne reported, a number of Azule residents an.~eared and urged the Plannin~ Commission to require ~r. ~irkorian to ~rovide ~or a ~ermanent, full sized street through his subdivision. At that time, those ~resent understood that the Plannin~ Conission intended to require this permanent street and that the Com. mission had directed ~{r. Kirkorian~s engineer to re-design the subdivision to provide for a full ~treet through Lot No. 1. At a subsequent meetin~ on April 8, ~r. Thorne stated, when no representatives of the Azule Improvement Association were present, the Plannin~ Commission reversed this decision and required only that ~fr. Kirkorian construct a temporary access road which would be abandoned if and when De Sanka Avenue is extended. The Council discussed the matter at length with Mr. Thorne and Plannin~ DireCtor Stanley ~'/alker and Found that, although the Plannin~ Commission had expressed it~s intent to request extension of Ted Avenue through Lot No. I o~ the Kirkorian Subdivision on the condition that B. T. Galeb complete work on the Ted Avenue extension within one year, they had also continued action on the tentative map to the meeting of April 8, 1963. At the April 8 meeting~ after hearing the comments of the subdivider and his representatives, the Plannin~ Commission reconsidered their previously expressed intention and, instead, approved the tentative map subject to the conditions set forth in the Subdivision Committee Report dated ~arch 25,.1963, which required a temporary access road that maybe abandoned if and when Be Sanka Avenue is extended. The City Attorney advised that only the Subdivider has a right of appeal to the City Council from the conditions of tentative approval and that although the Council could fail to apnrove the ~inal map when it is presented, he ~elt it highly unlikely that such action would be upheld~as reasonable if the decision was appealed to the Courts. City AttOrney also advised that the Plannin~ Con~nissinn has no power to chanEe conditions of tentative approval once they have acted on the tentative map. Mr. Ted Galeb, Seagull lVay, spoke i~support.o~ a full width extension of Ted Avenue and stated that even if De Sanka was extended it would be an irre.~ular street pattern and would not be of the benefit that an exte n'sion oF~Ted Avenue would be. With no objection, ~qayor directed the City Attorney to research the problem and advise the Council if there is an), method by which the ~could be reconsidered. (2) ~r. t~gh Hardin, Jr., Pastor of Grace ~fethodist Church, appeared to clarify his written request for modification to the a~reement executed in connection with building site approval for the Church property GraCe located on Prospect Road. Mr. Hardin exnlained that the a~reement Methodist required that Prospect Road be improved within three years of August Church 5, 1961 or when construction of the Second Ihit beffins and that although Extension the Churc'~ is presently planning a minor nhase of construction, they Request prefer to wait until the major phase of buildin~ begins to comply with the condition For improving Prospect. Councilman ~razil moved to delete the requirement that construction SDR-223 on Prospect Road accompany the construction of I~it #2, with the provision that the Bonding Company consents to the modification. Councilman Brazil Further moved that the Council take no further action at this time but reconsider the matter next Sprin, to determine whether the a~reement should then be extended, Councilman Ritchie seconded the motion .~ich carried unanimously. City Attorney advised the applicant that a modification ~orm will be prepared and sent to him for signature and transmittal to the Bondin~ Company. B. ORAL ~layor Glennon acknowledged, with pleasure, the presence of Plannin~ Commissioner Kellum. VIII ADJOURNMENT Councilman Hartman ~oved, seconded by Councilman Brazil to adjourn the meeting. Motion carried unanimously 11:15 P. ~q. Respectfully submitted, -S- Deputy City Clerk