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HomeMy WebLinkAbout05-01-1963 City Council Minutes SARATOGA CITY COUNCIL SU/~fARY OF MiE'~'rES TII~E: Wednesday, l~ay 1, 1963 - 7:30 P. N. PLACE: Fruitvale School, Fruitvale Avenue, Saratoga, Californi~ TYPE: Regular Eeeting I ORGANIZATION Nayor Glennon called the meetin~ to order at 7:35 P. H. A. ROLL CALL Present: Glennon, Brazil, Drake, Hartman, Ritchie Absent: None B. MINUTES Councilman Brazil moved that the readin~ be waived and the minutes of the April 17, 1963 meetinE be approved as mailed. Councilman Ritchie, after noting a typographical error to be corrected, seconded the motion which carried unanimously. II BIDSAN D CONTRACTS None III ORDINANCES ANDFOBFALRESOLUTIONS A, 'ORDINANCE NS-3.3 - Second Reading Nayor announced, that this ordinance regulating 4-N and Ord. similar animal husbandry projects in the City, had, after NS-3.3 public hearing been continued from the last meeting for COnd. Uses second reading and to receive a report from the Planning 4-H Projects Director regarding agricultural club requirements for such projects. Planning Directo~Stanley W41ker, reported that he had spoken with several representativdS of local agricultural organizations and that all had recornrn~ndedtwo animals for stock.~rojectS; although; one anima!~would be allowed as a project; He advised that there are two types of p~oJects~ (1) Fattening- Short term - 6 months to I year~ (2) Breeding - a long= term project lasting indefinitely. ; No reconvaendations were given as to fowl projects, except that enough fowl should be raised to alio~ the child to make money on the project. F~r. Vince Garrod outlined the local ~-B program standards, advising that four adult leaders investigate and approve Saratoga projects and that authorization for each project is based on the facilities and space available for the type animal desired. l~r. Garrod stated that the children are instructed in their obligation to keep their animals clean and well and that projects may be denied in areas where drainage or lack of space would interfere with this requirement. Garrod advised that t~e project leaders have a substantial degree of control over their young mumbets and their projects and that, as long as there is no fee involved, the requirement that a permit be renewed or extended once a year would be no detriment to long range projects. Councilman Drake stated that he felt the Planning Comm{ssion had managed very well in drafting a proposal to encourage educational projects while curtailing public nuisances associated with such projects. He noted that the objections raised a[ the public hearing on this proposed ordinance were the result of a situation on Sobey Road where animals were maintained, not as a permitted agricultural club project, but as an individual enterprise which created a nuisance and which would not be permitted under this ordinance. -1- After brief discussion as to the number of animals allo~ed and the definition of an animal Councilm~n Drake moved, seconded by Councilman Hartman to ad~pt Ordinance NS-3.3 with the under- standinE that, as a matter of policy, the City will instruct the young applicants in the proper use and care of the project animals and facilities. Motion carried unanimously. Bi RESOLUTION NO. 52-B Res. Councilman Brazil moved, seconded by Councilman Ritchie to 52-B Surplus adopt Resolution No. 52-~ a~optinE a proEram for the procure- Property ment and use of surplus property for Civil Defense Organization? PrsmmSement Motion carried unanimausly. C. RESOLUTION NO. 147 ICe Hearing 1 ~o , ~ h g t Vasona Branch I~ter-state Conn~!~e Ce~z-~.~ic~ ~ the application for abandon- n~nt by the Southern Pacific Company of a portion of its Vasona Line Branch. Motion carried unanimausly. IV SUBDIVISIONS AND BUIEblNG SITES < A. SDR-409 - FULRt4IEG CONSTRUCTION COMPANY SDR-409 Councilman Drake moved, seconded by Councilman Hartman to adopt l~arwieg Resolution No. SDR-409-1, Granting final buildin8 site approval to Morwieg Construction Company for two lots on Hill Avenue. Motion carried unanimously. B. SDR-356 ~ LEE McK0~N SDR-356 Councilman Ritchie moved, seconded by Councilman Brazil to adopt. McKown Resolution No. SDR356-4, granting final building site approval to LeejMcKown for one lot 1Qcated on Sobey Road. Motion carried unanimously. C. SD-333 - THE FIRST SARATOGA COMPANY ~ TRACT 317i - The Uplands Unit ~2 SD-333 Council~dischssed the application of the First Saratoga Company Tract 3171 for 'final map approval of Tract 3171, with Mr. John Griffin, uplands ~2 representing the applicant, Mr. Mike Splitstone the applicant's engineer, and the Director of Public ~orks. Councilman Hartman moved, seconded by Councilman Rltchie to approve the final map of Tract 3171, for a 43 lot subdivision adjacent to Highway ~9 subject to the following conditions: (1) Subdivider to post cash bond or letter of assignment satisfactory to the City Attorney in the amount of $4000. to 8uarantee cons~rg, ction of ~ecgrative fencing and pedestrian walkway along Ri~hway #9 upon completion of the widening of the ~h~ay. (see conditions 5 & ~ of tentative approval) (2) Subdivider to post cash bond or letter of assigmnent in the amount of $3,800. to guarantee construction of the required storm drain line alon8 Highway #9. (See conditions 5 & 6 of tentative approval) (3) Fully executed a~reement for acquisition of completed storm drain system to be filed with the City Clerk. (See condition 1-7 of tentative approval) (4) The 3' Pue shown on final map along HiEhway #9 to be designated 3~ Pue and slope easement. Motion carried unanimously. Ted Ave. Mr. John Theme, Attorney representing the Azule Improvement Ext. Association, asked if this matter was relative to the extension of Ted Avenue and was advised that it was not and, also, that the Ted Avenue matter was not an a~enda item for this meeting. D~ SD-376 - JOH~ RODRIGUES Mr. Ralph Ramone, representing the devel~per of Sarahills, Tracts 3392 and 3~29~ described the electrical systemwhich they would like to install in their p~oposed subdivision off Pierce Road. Mr. Ramona and Mr. Kent Bo;~uey, engineer for Pacific Gas & Electric COmpany, explained that the system would provide partial undergreund wi~ing and distributed pictures of an actual install- ation of this.*Tst~eamtined electroller syStet*. Mr. Bonney stated that the ~roposed system is a new one and that it was designed to provide many of the advantages of an underground · electrical system.without the prohibitive expense of complete underground facilities. He advised that the street lighting syste~ could be handled in the same manner as the existing lighting distrizts or could be annexed to them. Councilmen Ritchie moved, seconded by Councilman Brazil to refer the batter to the Planning Counntssion for recommendation as to the suitability of this type installation for Saratoga, particu- larly in the hilly sections. Motion carried unanimausly. V PUBLIC FaARINGS A. C,-53 - M. L. SNO'~ C-53 Public hearing opened ht 9;25. P. M. on the application of Snow M.L. S~ow to ~ezone from R~l-40,000 to R~l*20,O00 approximately 1.70 acres loaated on Lomita A~enue, opposite rickety Avenue. Deputy Clerk reported that notice of public hearing had been published according to law and that no written communications had been filed for this hearing. bfr~ Dou, g. Adams, representing ~he ~ppliaant, spoke in favor of the rezOning and stated that the area on three sides of the applicant*s property is prase2tlj developed on sites of 20,000 square feet or less. Ns o~ el. se present wished to speak ~n this matter and Council- ma~ Hardman moved, seconded by Councilman Drake to close the public hearing. Motion carried unanimously 9:27 P. Councilman Drake suggested a review of the entire area to determine if other areas are zoned lnconsistently with surrounding development and Planning Director advised that he kno~s of no other similar areas. Mayor directed the record to show that Ordinance No. NS-~-ZC-15, rezoning property on the application C-53, was introduced and continued to the next meeting for second reading. Recess: 9:~0 P. M. Raconvened: lO:O0 P. N. B. C-54 - ROBERT NEALE Nayor announced that the public hearing had been continued on the application of Robert Neale to fezone from R-M-3,000 to C-C the property located near Saratoga Avenue and Park Place. C-5~ Deputy Clerlc reported that a Written co,amunication da=ed Neale April 26, 1963, from Robert and Jeanne Neale, had been received as additional evidence in this matter. eouncilman Hartman, Chairman of the Planning Coramtttee, reported that the Committee reconnn~-nds that the public hearing be continued for a more thorough study of the entire area involved to assure the best planning for parking and future development. City Attorney advised that Conditions 2 and 5 of the proposed Ordinance NS-3-ZC-14 are not proper conditions for rezoning but are conditions of the type which may be required for a Use Permit. With no objection, ~ayor Glennon ordered the public hearing continued to the ng~t regular meetin~ at 8:00 o'clock P. H. for a specific recommendation from the Plannin~ Coffan~ttae and Subdivision Connittee and directed the Planning Director to revise the conditions of the rezontng amendment in accordance with the City Att0rney's advice. VI OLD BUSIN2SS A. SARATOGA LIBRARY FACILITIES SITE LOCATION Library (1) Report from Planning Commission -,,, Report (2) Report from County Librarian Mayor Glennon outlined the various reports which have been compiled regarding library facility needs and sites for such factlitie~ within the City of Saratoga and reported that the Planning Commission, after careful study of all reports, recommehaS that neV!ibrary faeilities be planned for the Fruitvale Avenue site already owned by the,City. Mr. Ged~e Farrie~,,Co~pty Li6rarian, spoke ~rieflM of his disagre~ment with the Planning Commission recommendation and stated that his ~iews are more fully outlined ~ his written ~'o!~o~t to t~e ~oUncil~~ Mrc. Geoz'gia Ryder commented ~egarding book cir&~lation for tl e City of Sunnyvale, where the library is l~cated at the Civic Center,.vs. the book ci~cUiatioM figures for the City of Saratoga~ There being no one else who Wished to comment at this time, Mayor Glennon advised those present that adequate notice would be given the interested parties before the Couhcil takes action on the matter of selecting a site for proposed new library facilities. VII ADMINIST~._-j-TZVEMATTERS Mayor noted that a tentative budget, containing the recommenda- tions of the various department heads, has been distributed to the council for study. B. FINANCE AS?O (1) Councilman Brazil moved, seconded by Councilman Ritchie to authorize an expense advance for Planning Director Stanley Walker to attend the American Society of Planning Officials conference in Seattle, Washington. BILLS (2) Councilman Drake moved, seconded by Councilman Hartman to approve the bills on the disbursement list dated May I, 1963, and to authorize that warrants be drawn in payment. Motion carried unanimously. ROMEO (3) Councilman Drake moved, seconded by Councilman Ritchie to a~thorize that a warrant in the amount of $100.00 be drawn for release of bond posted by Joseph Romeo for building site approval improvements. Motion carried unanimously. C. COUNCIL COMMITTEES Ted Ave. (1) Mayor announced that a report from the Planning Committee Extension regarding Ted Avenue will be held over until the Attorney representing the Azule Improvement Association is present. D. DEPARTMENT HEADS AND OFFICERS Swimming (1) Planning Director Stanley Walker reported that the High Pool School Board has asked for further cost estimates for their swium~ing pool facilities and that when the new figures are available, estimates will be made of the difference the city might bear to finance a 50meter pool. (2) Plannine Director reported that Westho,e Presbyterian Church has a,plied for a Use Permit ~or a church on a l~esthope Saratoga Avenue site which has been reserved, by Ordinance Presbyterian 3E-1 until studies or Park sites have been completed. He Church explained that the Church has suggested that the property request for on Cox Avenue where the present church buildin~ is located exchange of would be more advantageous to the city as a park site reserved lands. whereas the Saratoga Avenue site would better serve the church's needs, Representatives o~ the Church want to meet with City re,resentatives in an effort to effect an eMchanqe o~ the areas. !~ith no objection, the matter was re~erred to the Planning Committee o~ the Council. Mr. Rex Burnerr, member of the Council o~ the Prince o~ Peace Lutheran Church, urged the Council to consider savorably the proposal of the '~esthone Presbyterian Church ~or an exchange o~ reserved lands. Mr. Burnett stated that the two churches hope to plan thier develoT.nents together in an effort to assure compatibility and stated that Prince of Peace plans will be contingent upon the disposition of the Saratoga Avenue site. General (3) The Plannin~ Director presented a request from the Plannin~ Plan Commissio~ fo~' coml,~ents and ideas ~ro~ the Council on Revision proposed revisions to the General Plan. Plannin~ Director indicated that public hearings on proposed fiepetal Plan revisions will probably be scheduled ~or the ~irst meetine in June or soon thereafter. Highway #9 (4) Director of Public !~orks reported that the a~ree~ent for r/w acquisition acquisition of ri~ht-o~-way on Highway #9 had been annroved agreement by the Board of Sunervisors and presented to the City for SiSnine. E. CITY ADMINISTRATOR Claim for Councilman Brazil moved, seconded by Councilman ~!artman, to deny Darnages - the c[[sj.m of ~allace Scb~idt and direct the City Attorney to Schmidt write the appropriate letter advisin~ the claimant of this action. ~otion carried unanimously. VII CO'.~I~ICATIONS A. ~RITTEN (1) !qHSTH.,OPH ~ITED PP, HSBYTE, RIAN CHUPG~ - The Church's request was considered earlier on the a~enda in connection with the Planning Director's reports. ~ayor Glennon left the Council chambers at this time and ~ayor Pro tom Drake presided. (2) CUPERTINO SANITARY DISTRICT Mayor Pro-te~ Drake read the request {tom the Cupertino Sanitary District ~or consent to lay se~ers in streets Cupertino in the City and form local improvement district No. 10 Sanitary to serve that area alon~ the lower portion o~ Pierce District west of Highway #9. The Deputy Clerk outlined each item Improvement contained in the file and read to the Council the letter District #10 of April 16, 1963 to the Oanertino Sanitary District ~rem Dr. Tamer, Director o~ the County Health Department. The Clerk also read the [!ealth Department ~epert on the area which accompanied Dr. Turner's letter. ~ayor Pro-tom Drake indicated that although this was not a public hearin~ the Council would listen to all interested parties wishin~ to address the council on this matter. John Fle~in~, ~ana~er of the Omertino Sanitary District, ~utlined the backsround og the district's request. the requirements {or Formation oF a local improvement district, and the support the district formation has thus far received from residents in the area. Mr. George Pederson, of the Santa Clara County [tealth Department, p~eSented ae~lt~onal in~ormatlon and support of his report which accompanied Dr. Turner's letter, includinq a showin~ of color slides picturin~ overflowin~ septic systems and sewage effluent runnin~ down the ~round, surface streets and driveways in the area. He indicated several of the health problems inherent in this type of situation and expressed the ~ealth Department's concern for the physical welfare of residents in the area regardless of the condition of their own septic systems. )!r. ~ichard !Varfield, 13090 Pierce Road, spoke in opposition to formation of the district, assertin~ that the health department re- port was ~rossl~ misleading. Hr. 'YarField requested that the Council consider three alternates to the proposal of the Sanitary District prior to proceedin~ with action on the resolution con- sentinn to the Sanitary Oistrict's request. Hr. Paul ~rickson, 13180 Pierce Road, spoke in favor o~ the district, ~ndicat~n~ ~hat he had spent considerable money on his septic tank system to no avail. Hr. ~arold Beaudoin, 13204 Pierce Road, spoke in favor of the dist~ic't, citin~ ~ommunity health aspects and restricted water use necessar~ for those who have septic tank ~roblems. Cupertino Rex Burnett, 13414 Surrey Lane, spoke in favor of the district, Sanitary ~Yn~.'~'that initial ste~s toward the ~ormation o~ the district District were taken by individuals in the neighborhood having septic tank Improvement problems and were not instigated by the developer of a large acreaRe District #10 now included within the district. Mr. O. Farasyn, 12871 Pierce ~oad, spoke in opposition to the district.' ~r. Faraslrn said that he had had problems with his septic tank which were easily corrected. [!e felt that others with similar problems could work them out in the same manner. Hr. Tom Berry, 12906 Pierce Road, opposed the district. He felt one ~f the prxmary reasons For septic tank failure was that people living on septic tank systems for the first time did not know hew to take care of them and did not realize that they could not abuse a septic tank system and expect it to serve them. He indicated that the pictures displayed by ~r. Pederson were taken in one of our wettest years and said that he felt similar pictures could not have been taken of the area in the precedinq dry ~ears. ~tr. J. S. Johnson, 12955 Pierce Road, stated that the soil-in the ~r~a was not favorable for septic tanks. He indicated that althou~h~ in his twelve years in the area, he had not had trouble with his septic tank, he would be in Favor of installation of a sswer system. Mr. Ron Knanp~ 15630 Surrey Lane, spoke in favor of the district, indicaiin~ that he has made extreme efforts to correct the situation in re~ard to his septic tank system without success. Mr. A. D. lieuatom, 13050 Pierce Road, spoke in oppositionto the proposal. He indicated that he has not had a proble~ with his septic tank and that when the County Health Department tested a lot in his vicinity in 1957 the percolation test results ~ere so ~ood for septic tank use that the Department rechecked the results. ~[e felt that only areas on higher ~round are havin~ a problem and that the sewer system should be installed to serve those areas and not the lower portion of Pierce ~oad. Mrs. Mark, Surrey Lane, indicated ihat,in spite of the fact that ~no bleaches or deterrents, in three months her septic tank system began givin~ trouble. Mr. A. l~orre!l, of 13010 Pierce Read, opposed the district on the ground that formation of a district and the resultin~ expense for putting in the sewers and connectinq to the~ could ~orce him to sell his home and move to another area. Mr, PeOson spoke once ~ore, cor~nenti~on the varyin~ ~oil ~onditions in the area and the apOroval in the past of septic tank systems on some of the lots in the area, He indicated that many of these systems were approved Drier to ado~tion of current standards and prior to the development o~ many modern day cleansers and appliances which are hard on septic tanks, Mr, Lo ~!ercer~ Surrey Lane~ asked Hr, Pederson if septic tank over- flows %~ere common in oth~r areas durin~ seasons of heavy rain, Pederson indicated that a number of years a~o in Los Altos such a problem developed in a wet year, Councilman Brazil asked Mr, Flenin~ what the specific leqal requirement Cupertino was For ~ormation of the district, Hr, Flemin~ replied that signatures Sanita~z o~ the owne~ of 60~ or ~reater of the land area were sufficient District to allow loTmarion of the district, In the absence of the necessary Improvement siRnatures the district can be Formed on the strength of a letter Dist, #10 ~rom the Health ~epartnent ~eclarinq that a health hazard exists, Hr, Flemin~ indicated that even with 60% of the area si~ned to the petition it would be necessary For the sanitaTy distr~ct to obtain the city~s approval before openinE the streets to install the sewers, L~hen questiond Further as to the cost to the property owners~ Fle~in~ stated that the work woul~ be Financed under the 1911 improvement act, usin~ 15 year bon~s at 6% an~ that the costs to the owner of the averaTe acre lot would be ~l~SO0, to brin~ the sewer to the p~operty l~ne plus $675, ~or interest over the 1S year neriod, ~o estimate has been made of the cost to brin~ the sewerto the house due to the varyin~ distances ~rom property line 'to plumbin~ connections, Hayor Pro-te~ Drake then ask ~-~r, Ple~in~ what net cent of the residents of the a~ea were included in the netition containin~ the si~p~natures o~ the owners o~ the 54% o~ the area involved, Fleminq did not have these Fi~crures, Councilman Ritchie asked i~ tests were made on effluent sho~n in the pictures to detel~nine the sentic condition, ~r, Pederson tenlied that only one sample was actually tested and the balance were ~eter~ined to be septic by virtue o~ appearance and odor, Councilman Brazil outlined his experience with similar nroblems in Sanitation District #4 in his position on the Board o~ Directors. He indicated that he felt the cost of the system spread over a 15 year period would not be an undue hardship on the ~roperty ovners within the district and stated that with all due respects to those in the area opposed to Formation o~ the district~ he Felt that it is the Council~s dl~y to base its decision on the !~enlth Deoartment report. Councilman Brazil moved~ Councilman Hartm~n seconded, to Res, 148 adopt Resolution No, 14B~ ~rrantin~ consent o~ the City of Saratoga Grantin~ For the construction of sanitary sewer mains in the City streets Consent For and approval of Resolution of Intention For local improvement Cup, Sanitaly. district #10~ Cupertino Sanitary District~ and consentinq to the Dist, For work a~d ~he formation of the assessment district described therein, Imp~ov, Dist, Council discussed the mechanics of the formation of the district and financin~ of the work and questione~ Sam AnderSon, Sanitary District atcorney~ about the reasonin~ behind the selection of the 1911 Improvement Act, FollowinF this discussion~ the motion to adopt Resolution No, 14B was carried'by a unanimous vote of those present, After the vote was taken on the Resolution No, 148, Hayor Glennon returned to the Council Chambers and assuned the chair once more, Campbell (3) Clerk read a letter From the Campbell Union School District dated School Dist. April 30, !963~ requestin~ the city to provide a pedestrian walkway alon~ Ouito and Pollard Roads ~or access to the new Rollin.~ Hills Walk~ay - school,' The District indicated the desire For a minimu~ standard Ouito ~ ~¢alkway and it was ~elt that this standard could be ~et at minimum Pollard expense. Councilman Brazil moved, seconded by Councilman Dra~e to approve the requesto~ the Cainbell t.~ion School 9istrict. ~etion carried unanimously. VIII ADJOUR~,[E~T Councilman Brazil moved, seconded by Councilman Hartman to adjourn the meeting. Hotion carried unanimously 12:05 A. ~- Respectfully submitted,