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HomeMy WebLinkAbout05-15-1963 City Council Minutes SARATOGA CITY CnUNCIL S~/A~Y OF MINUTE. S TIME: Uednesday, May 15, 1965 - 7:30 P. ~. PLACE: Fruitvale School, Fruitvale Avenue, Saratoga, CalifOrnia TYPE: Re~gular Meetinq I ORGANIZATION ~ayor Glennon called the neeling to order at 7:35 P. A. ROLL CALL Present: Councilmen Glennon, Rrazil~ Drakes ~tartman, Ritchie Absent: None B, ~iI~UT~.S Councilman Brazil moved, seconded by Councilman Drake, that the readindoor the minutes of the ~!ay 1, 1963, meetin~ be waived and that the minutes be apDroved as naileft to the Cbun~il~ ~qo{ion carried unanimously~ II BIDS AND CONTRACTS None ] III ORDIN~x!CES A~ID FORhqAL RHSOLUT!SNS A, ORDINANCe. NS-3-ZC-15 Ord. NS-3-ZC-15 Councilman Ritchie moved, seconded. by Councilman Hartman, to adopt M,L. SN~q Ordinance NS-3-ZC-15, as given ~/~e~econd reading; this bein~ an ordinance amendins the Zonin~ Ordinance by rezonin~ from to R-I-20,000, approximately 1.70 acres on Lomita Avenues opposite Vickery Avenue. Motion carried unanimously, B, RESOLUTION NO. 149 Director of Public v~orks explained that widenin~ Saratoqa Avenue from Fruitvale Avenue to the City limits could be accomplished in three Res. 149 sections as follows: Urban ~xtension (1) The first section, a small area between San Jose city limits and Funds - Kosich Drive, to he improved in connection with the Lawrence Sara. Ave. Hxpressway interchange. I~ some portion remains unimproved, the City may be required to provide temporary pavement widenin.q, (2) The s~cond section~ from ~osich Drive to Bucknall~ to he jointly financed by Federal Urban ~xtension funds and $46,000. of the City~s allocation of non expressway Trafficways funds. / (3) The third section, from Bucknail Road to Fruitvale Avenue, to be financed partly by FAS funds and partly 17. the assessment district proposed by Dr. Abrams, . !~ith the understandin~ that any improvement to Sarat9~a Avenue would he contingent upon formation of the proposed assessment district and allocation of the non-expressway Trafficways ~unds, Councilman Brazil moved, seconded by Councilman Ritchie to approve Resolution No. 149, requestinq allocation of Federal funds for urban extension ~roject on SararoSa Avenue. ~{otion carried unanimously. C. RESOLUTION NO. 36-B-43 Res.36-B-43 Councilman Brazil moved, seconded by Councilman Ritchie, to adopt Streets in Resolution ~o, 36-B-43, acceptin~ streets in Tract 2725 and releasin~ Tr.2725 bond posted for imnrovements. x~otien carried unanlmously, IV SUBDIVISiOnS AND BUILDING SlTH. S A~ SDR-39B - J~{N TAYLOR SDR'~398 Taylor Couhcilman Drake moved, seconded by Councilman Hartman, to adopt ResOlutiOn No~ SDR-398-1, ~rantine final buildin~ site approval to JOhn Taylor for one lot on Canyon Vie~- nrive. ~{otion carried unanimosly. B. SDR-4i2 - I~ILLARD TH~IPSON SDR-412 The Council aSreed to withhold consideration of this item. Until a~ter Thompson the public hearin~ on the abandonment of Fifth Street as this property is adjacent to the area of Fifth Street propesed for abandonment. C, SD-281 - GEORGE DAY SD-281 Councilman Ritchie moved, s~conded by Councilman Drake, to accept the Geo. Day construction of improvements in Tract 2988. ~lotion carried unanimously. Tr.2988 D. sD-347; DR~ iSAAC ABRAr,~ SD-347 Councilman Brazil moved, seconded by Councilman Hartman, to adopt Abram, Resolution SD-347-2, aDprovinS the final map e~ Tract 3457, Hedical Tr. 34S7 Village of Saratoqa, Unit #2, subject to the conditions recommended by the Director of Public !~orks in his memorandum dated May 15, 1963, Motion carried unanimously. E. SD-38B - M.~qON CROCKE~ CORPORATION SD-388 Councilman Drake moved, seconded by Councilman Hartman, to adopt Mason Resolution Mo. SD-388-1, apnrovin~ final map o~ Tract 3476, Toyon Crocker Terrace, subject to (1) The City Clerk's certificate on the final mad Tr.3476 to be amended to add "and all other easements" between the words "storm drain easement" and the word ,shown"; and (2) subject to the conditions recommended by the Director of Public 'qorks in his memorandum dated Hay 1S, 1963. ~otion carried unanimously. Plannine Director Stanley~alker advised that this subdivision is the first major development involvine a creek since the Council adopted Resolution No. 135, establishinfl policy re~ardin~ creek ali_onment. !Ie Creek stated that although there are no trees alone.the narrow channel policy inv~ved in this case, he is coSnizant of the Council's policy reqardine creek re-ali,enment or removal of trees and will remind the Flood Control District'that the City urges their cooperation in adherinS to this policy. F. SD-288 - GARCIA ~tD ASSOCIATES SD-288 Councilman Brazil moved, seconded by Councilman Drake, to adopt Garcia Resolution No. SD-288-1, aDDrovin~ ~inal mad of Tract 3034, subject Tr.3034 to the conditions recommended by the Director of Public ~orks in his memorandum dated May 1S, 1963. k~tion carried unanimously. V PUBLIC HEARINGS - 8:53 P. M. A. C-S4 - ROBERT b~ALE Mayor announced that the Dublic hearine on Mr. Sealers application fer C-S4 rezoning had been continued for study by the Plannin~ Committee, and Neale declared the public hearin~ re-opened at 8:57 P. ~. Councilman Hartman reported that the PlanninS Committee had met several times re~ardin~ this matter and, havin~ reviewed the entire area, recommends that the Council accept the Plannino Commission rec- commendation that the area be conditionally rezoned.- Councilman ~lart- man stated that the Plannin¢ Committee also reco~raends that ~lr. Neale not construct the parkin~ spaces at this time but post a bond, Dendino the outcome of plans for an alternative parkine arrangement, to insure that adequate parkin~ ~acilities are installed. Councilman Brazil moved, seconded by Councilman ~itchie, to close the public hearinC. ~!otion carried 9:06 P. ~. -2- Ord. Councilman !!artman moved~ seconded by Councilman Brazil, to adopt NS-3-ZC-I~ Ordinance No. NS-3-ZC-14, which was introduced at the last meeting R. Neale with deletion of the two conditions which the City Attorney had advised were not pronor conditions of rezonin~. ~qotion to adopt Ordinance NS-3-ZC-14 carried by the ~ollowina ~oll call vote: AYES: Councilme~ Glennon, Brazil, l!artmans Ritchie NOES! Councilman Drake ABSEN,'T: None Mayor directed that the matter of posting a bond for narkin~ facilities be referred to the Plannine Commission. B. FIFTH STREET ABANDO~B~NT Deputy Clerk reported that notice of public hearing on pronosed abandonment of a portion of Fifth Street had been published and Fifth the street Vested according to law. Street Abandonment Public hearin~ onened at 9:17 P. ,. No one present wished to speak for or against the nronosed abandonment and the file was introduced as evidence in the matter, Public Hearin~ closed at 9:20 P. ~!. and Councilman Brazil moved, Res. 150 seconded by Councilman Ritchie, to adont Resolution No. 150, as 5th St. read by the Clerk. }~otion carried unanimously, Abandonment Recess: 9:35 P, q. Reconvened: 9:5~ P. H. IV SUBDIVISIONS AND BUILDING SITES - continued A. SDR-412 - WILLARD T~!fNPSON Council discussed Mr. Thompson*s application for building site SDR-412 approval for onelot at Fifth and Oak Streets in relation to the Thompson abandonment of Fi~th Street, and considered the need.rot ~r. Thompson to improve that ~ortion of Fifth Street which fronts on Oak Street, iF it should be determined that he acquires. additional frontage by the abandonment. With Council approval, Mayer continued the matter to the next meetinq and requested the Director of ~ublic l~orks to contact the an~licant for a title report as to what area, ir any, he may acquire by reason o~ the abandonment of ~ifth Street. Vl A~ffNISTRATIVE ~TTERS A. HAYOR Snecial (1) Mayor announced that a s~ecial meeting. o~ the City Council Council mtg. will be held on June 12, 1963, ~or the ~ur~ose of makinq a re Parks a decision regardin~ the pronosed bond election on Parks and Recreation Recreation and for a review o~ the proDosed 1963-64 budget. ~ Budget Clerk was directed to send the required notices of special meeting. (2) ~ayor called the Council's attention to two mem..orandums from the Chief of Chief of Police; one relative~ ,olice services budget and the Police other regarding traefic on Third and Oak Streets. He requested Reports the Council to study the reports for action at a later meeting. B. FIN~!CE Bills (1) Councilman Drake moved, seconded by Councilman Hartman to a~prove the disbursements on the list dated.L~ay 15, 1963, got a total amount oq $6~310.32, and authorize that warrants be drmm in ~ayment. Motion carried unanimously. Finance (2) City Clerk~s Financial Renort and Treasurer~s ~eport for the Reports month of Aoril, 1963, were acceDted. -3- Froese (3) Councilman Drake moved, seconded bvCouncil~an "artman, to deny Clai~ for ' · " the clai~ffor damages filed by David and Ann Froese. ~sotiOn Damages carried ~naninously. C. CO!~CIL Ce~ITTE. ES Ted Ave. (1) COUncilman Flareman; O~air~an o~ the Plannin~ Cor~mittee, reported that the City Attorney had advised the Council, in the matter of Extension extension of Ted Avenue, that neither the Planning. C~n~ission nor the Council has the power to chan~e conditions o~ tentative approval. Therefore, no action by the Council was nossible on the request presented some weeks a~o by ~Jr. Theme on behalf of the Azule ttomeowners Association. (2) Clerk =cad a report'~rO~.the.:lannin~'Director that the Plannin~ Commission had C~nsidered ~r; John Rodri~es reguest for the install~ii~n a~ ~ ~f~ial underground electrical system in his ..~.;, s bd u iris on on ~icfce ~ad ~nd had, by a 4.S ~ote, ~ecom~ended that the request be a,proved. Councilman Bitchic said that he · ~lectrical had been present at the ,lanninff Coi!~,~ission ~eetin~ nnd that System ~ the dissentin~ votes had been based on lac!~ of sufficient Street knowledge as to the ~robable intensity of illuminatinn from Lights - the street li~.hts. Rodri~ues Subdivision Council discussed the ~roposed installation with the Developer, on Pierce Rd. ~r. John Rodri~ues; his engineer, ~lr. ~alph ~omona; and with Pacific Gas and Electric Comnany re,resentatives, t!r. Bonney and ~.Jr. Hammen. The P. G. a E; re,resentatives stated that rear lot utility easements are not feasible in this subdivision and that this new system has been ,reposed as the best alternative to havin~ wood poles in the streets. They also stated, when. the Council objected to street liqhts, that the P.U.C. had approved this type installation with the street lights and that the could. not legally install the system without the lights. However, they advised, they nro~ose to install 4,000 lumen incandescent lamps'which can be shie!ded to prevent objectionable ~lare. ~r. Rodri..~ues stated that his subdivision consists o~ approxi~ately 65 acres, of which about ~-I/2 acres on the east side o~ the ridge will be developed in 1/2 acre rollin~ hill lots, with one street ap,roxi~ately 700~ lon~ ~rovidin~ access to the heavily wooded, one acre sites on the other side of the ridge, and that ~ost o~ the light standards would ~e located away ~rom the view ~rom the lower areas~ Councilman Brazil stated that s, proval o~ this installation in Rodri~ues subdivision would not establish a srecedent as experimental syst~ pronosed ~or this area o~ the basis o~ factors ~ecUliar to this ~articular develo~ent. With this understanding, Councilman Brazil moved, seconded by Council~an Ritehie, to the installation requested, subject to the ~ollowin~ conditions: (1) ~e Subdivider ~unish the City with a co~y o~ the Subdivision Report ~o Buyers which advises the~ that they will be obli~at~ to pay taxes to a street li~htin~ district. (2) provided by a,O00 l~en incandescen~ la~ps which have been approved by ~he Desi~ Review C~ittee for shielding. ~!otion carried unanimously. (~) Plannin~irector ~tanley ~alker recommended that the Council adopt ~esolution No. 151, vigorously o,~osin~ t~e ap~rov~l De a Bohl~an Road appeal petition ~or a use petit to allow establishment De a ~se Petit - ridin~ academy or club on the areperry o~ ~atalee Ridin~ Bohlman ~oad within the County o~ Santa Clara. '.~r. ~Vstker ACad~F explained that the apnlication ~or Use Pemit had been denied bY the County Plannin~ C~ission and is no~ bein~ ap,ealed the Board o~ Supe~isors. Mr. ~eese~ O~ ~ohl~an ~osd, a~eared on behalf o~ Bohl~an homeowners, to request Council annroval'o~ t~e resolution opposition, and Plannin~ Director read a letter er~ John Lan~- will, Bohlman, Road, ur~in~ Council o,,osition to the proposed Use Council a~reed that commercial use in the hills, usin~ a city ~v,/~/ maintained street as access, is undesirable and Councilman ~*~/~ Brazil moved, seconded by Councilman !!art an, to adopt Resolution ~/~L~ No. 151, and to send a representative to the Board of Supervisors meetin~ to support the City*s objections. ~fotion carried unanimously. General Plan (4) Plannin~ Director Stanley ~?alker requested that any comments Revision from the Council re~ardin~ proposed revisions to the General Plan be transmitted soon. E. CITY AI~INISTRATOR No reports VII CO~RJNICATIONS A. I~RI'i'IEN Mayor reported that the Chief of Police has investigated a letter fro~ Titus Ave. Mrs. Marie Pittss Correspondin~ Secretary o~ the Brookview Homeowners Traffic Association, reRardin~ traffic on Titus Avenue and has recommended against the installation of additional stoD signs in the area at this time. The second portion o~ the letter, re~ardin~ street conditions durin~ construction of adjacent subdivisions, was re~erred to the Director of Public Works. B. O~AL (1) The Council a~reed to consider the application of Mrs. I. SDR-41~ Noeg~oerath for buildin~ site approval of two lots on Leonard Noeggerath Road. Director of Public Works stated that it is not nossible for the applicant to com, ly with Condition II-C of the conditions of tentative aOproval. He explained that the condition requires an irrevocable offer of dedication to provide for a 50 foot half street on Leonard Road and that he has seen the deed to the property which shows that the apnlicant has only an easement to use the area and does not have title to the prohetty required for this dedication. Councilman Ritchie moved, seconded by Councilman Drake, to approve the two lots on the application No. SDR-41$, as buildin~ sites, subject to the elimination o~ Condition No. II-C of the conditiuns of tentative anDroyal. Motion carried unanimously. Underground (2) Councilman Brazil moved, seconded by Councilman Ritchie, to Electrical direct the Plannin~ Commission to study the feasibility of Facilities requirin~ complete underground electrical facilities in sub- Study divisions within the City. Motion carr!~ed!unanimously. ~,layor Glennon expressed appreciation ~o~i:~the. presence of Plannine C~,,~issioner Cowley throughout the meeting. '~' VII I ADJOUKNMENT Councilman Hartman moved, Seconded by Councilman Ritchie, to adjourn the meeting. ~totion carried unanimously 12;12 ~. Respectfully submitted,