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HomeMy WebLinkAbout06-05-1963 City Council Minutes SA~ATOCA CITY COUNCIL ~ARY OF ~q~.~ TES TIME: !~ednesdayl June S, I965 - 7:50.P.q. PLACE: Fruitvale School, Pruitvale Avenue, $arato~a, California TYPE: Regular ~leeting I OkGANiZATiON ~{ayer Glennon called the meetinK to order at 7:30 P. q. A. ROLL CALL ~resent: Councilman Glennon, Drake, Ritchie Absent: Councilman Brazil, Hartman B. MINUTES COUncilman Ritehie moved, seconded by Councilman Drake, to waive the readin~ and a~rove the qay 15, 1963, minutes as distributed. w.~otion carried unanimously. II BIDS AND CONTRACTS None III ORDINANCES AND FOR~L~L RESOLUTIONS A. P~SOLUTiON N~. 152 Res.. 192 CoUnCilman Drake moved~ seconded by Councilman RitChie~ to adout Pesolution Sanitation No~ 152, granting consent to Sanitation District #4 to undertake proceed- District in~s..to construct a sahita~y sewerage project andto form assessment No. 4 district for Sanitary Sewerage ProjeCt '~o; 1963-t~ ~{Otion carried Project unanimously. iv SUBniVI IONS AND BUILDING SIT S A, SDR-412 - ~VILLA~D THOMPSON SDR-412 Action deferred until arrival of City Attorney. B. SDR-420 - BARBARA Mc~E~.IZIE SDR-420 Councilman Ritchie moved, seconded by Councilman Drake, to adept Resolu- McKenzie tion No. SDR-420-1, grantin,~ final building site approval to Barbara 5~Kenzie for one lot on Big Basin '~ay. qotion carried unanimously. C, SDR-416 - KEI~H SIEGRIST SDR-416 Councilman Drake moved, seconded bv Councilman Ritchie, to adont Siegrist Resblution No. SDR-416-1, ~rantin~'~inal buildin~ site anprova~ to Keith Sie~rist for one lot on Piedmont Road. Hotion carried unanimously. D. TRACT 3066 - SQUIRREL HOLL~!Y Tract Council discussed the site problems encountered when a creek runs through 3066 a portion of a lot, and Director of Public !~orks reported that the Flood Const. Control District approved the storm drain easement through Tract 3066 Improve. without requiring the subdivider to do any creek work or construction. Councilman Drake moved, seconded by Councilman Ritchie, to accept the improvements in Tract 3066, Squirrel !!ollow, ~or construction only. Motion carried unanimously. A. SDR-~12 - IVILLA~D TdOA{PSON - continued SDR-412 City Attorney reported that he had studied the Title Comnany Report which Thompson the Council requested at the last ~eetin~. It was his O~l~lO~ ~!~ ~hie matter was so involved that it might be necessary for :,~r, Thompson to institute'a ~uiet=Title action to clarify hi~ rights with respect to any or all ofthat portion of ~iFth Street which was recently abandoned. -1- Councilman Drake moved,. seconded by Councilman Ritchie, to approve SDR-412 ~{r. Thomnson's lot on Oak Street as a buildin~ site, subject to the Thompson conditions set by the Plannin~ Co..m~.ission at the time of tentative approval, with the intrepretation that the i,brovement of Oak Street in front of that mortion of Fifth Street'x~hich has recently been abandoned be included for i~provement if and when :that property is determined t~becthe property of the applicant,. ~{otion carried unanimously; E. T~ACT 5082 - SARATOGA RANCH UNI. T-#2 Tract CounCilman Drake moved, seconded by Councilman Ritchie to. aCcep~ the 5082 improvements in Tract 5082, Saratoga Ranch Unit #2, F0~ constru~ion Improve. only. ~otion carried unanimously. F. SDR-429 - RALPH PlETROBO~O SDR-429 Councilman Ritchie moved, seconded by Councilman Drake~ to adopt Pietrobono Resolution No, SDR-429-1, ~rautin~ Final buildin{ site approval to Ralph Pietrobono for one lot on Sobey Road. B{otion carried unanimously. G. $DR-~82 - E~IN G. GRIFFITrS SDR-382 G~iffitts Councilman Ritchie moved, seconded by Councilman Drake, to ad~pt Resolu~ tion No. SDR-429-1, grantin_- Final buildin~ site auU~oval tO Edwin Gri~fitts for one lot on Valle Vista Drive. P{otiOn carried 'unanimously. H. SDR-SS1- KE~,qH!I]~AGAKI SDR-SS1 Iwagaki Clerk ~eport~d that. any approval of this application should be subject tO ~eCdrdati~n OF~the survey map and execution of the buildin~ site approval agreement. ~4r, O,.K. Frey~ch!ag, 10510'f~uito ~Oad~..obje~ted that the access to these buildin~ sites would create a traffic '~azard and requested the Council to require that access be on the south side of the lots. C6~n~iiman Drak~ itated that the matter,!Of:the access has been thoroughly Studied and that he Farotea ac~ebtanCeOf the condition~ which were set by the 'Pianfiin~ CbmmiSsion after' ion~ arid care~ui investigation. counCilm~n Ritc~ie stated that he is nbt ~atisfiea that the access:rOad wohld not c~edte a hazard at East ~,iaude:ahd Ouito and that th~ .Councii might prefer to defer action on t~e matte~' ufitil ~ Fu!l cofind{1 i~ With Council approval, ~iayor directed the matter continued. td the ~ex~ meeting,, on the basis that it is Council policy to not act on controver- sial matters with less than a full council unless the' course of action is unanimously approvad. I. SD-528 - PALO ALTO DEVELOPqENTCORPORATION SD-~28 Councilman Drake moved, seconded by Councilman Ritchie, to approve the Tract final map of Tract 28~5, Arroyo de Saratoga, Unit #2, for a 66 lot 2835 subdivision located off Saratoga Avenue. ~totion carried unanimously. J. SD-410 - C~ESTER AKINS SD-410 Councilman Ritchie moved, seconded by Councilman Drake**to approve the Tract final map of Tract 3485, ~ontalvo Terrace, For an eight lot subdivision 5485 located on ~ontalvo Road, subject to the followin~ contitions: (1) Author- ization by Subdivider of change in storm drainage Fee on improvement a~reement (2) Revision' of City Cierk's' certificate to provide for non- acceptance of storm and sanitary sewer easements. Motion carried unanimously. V PUBLIC HEARINGS A. C-SS - LYLE BENSON Public Hearin~ opened at 9:00 P. ~.~. on Lyle Bensongs application to C-55 fezone from R-M-5,O00 (Muttip!e residential) to Conditional L.Benson (Cong~unity commercial)s apvroximately three acres of the South-west portion of Saratoga Inn property on Saratoga Avend~. Clerk read the Subdivision Committee resort to the Plannine Conmission re~ardin~ this matter and ~)ayor directed the record to show that this report was introduced as evidence. Councilman Drake questioned the need for additional professiona!~ administrative Facilities in this area and Plannin~ Commissioner Crisp reported that the applicant had previously obtai'ned 'a~Dr6vallfor the construction of a restaurant and hotel-motel but had since eliminated C-55 the hotel~motei portion in Favor of nrofessional-administrative. ~!e Lyle ~tated that the Plannin~ Commission considered the P-A use more desirable Benson thankmultiple ~sid~ntial and Felt that the location is well suited for the ~ropoSed development. CounCilman Ri~chie moved, seconded by Councilman Drake to close the public hearin~. ~otion carried unanimously 9:17 P. M. At thersu~estion Of the City Attorney, Councilman Ritchie moved, SeConded by Councilman Drake, to re;open the public he~in~ for discussion o~ the conditions of rezoning .~ro~osed by the Plannin~ Commission. City Attorney advised that Conditions 3, 4, 5 and 6 were not proper conditions o; re~ zoninR but were items which are controlled by other ordinances. Council- man Drake moved, seconded by Councilman Ritchie, to continue the public hearing to the next regular meetin~ and to direct that the conditions rezoninK be re-drafted to eliminate Conditions No. 3, 4, 5 and 6. ~{otion carried unanimously. CounCilman Drake declined tosapprove introduction of the re-drafted' ordinance on the basis that the applicant let his builain~ site approval lapse with no aCtiOn; that no statement had been made to the effect that there is a crisis re~ardin~ the time situation, and that he Felt that that the matter should be carefully studied by the full councih Mayo~ Glennon directed ~he matter continued to the next regular meetinN. UP-49 - G~ORG~ RAITY Public h~arin~ opened af 9:30 P~ ~f; On Mr; George Ratty's appeal fr6m Plannin~ Commission denial o~ a Use Permit For the oDe~atlon of wild- wood Park as a Community Facility (picnic ~roUnd). UP-49 Geo. ~tr. George }~tchinson, representin~ Mr. Ratty, reviewed the history of Ratty ~-~r. Ratty's previous application For a Use Permit, the subsequent appeal appeal re of conditions to the City Council, and the litigation re~ardin~ the Wildwood matter. He reported that the law suit was dismissed on the basis that Park ~. Ratty a~reed to cease and desist from any future operation of !~ild- wood Park but that now ~. ~atty is requestin~ a temporary/use permit to utilize the premises durinR this summer season For economic reasons. He stated that ~r. Ratty plans to limit use of the facilities to local organizations and fraternities such as Scout troops, churches, etc. and that the property ia un~alable and has become an economic burden since the Council adopted emergency Ordinance 3~-1, restrictin~ use of the property until current studies are completed. Hr. Hutchinson requested that a temporary Use Permit be ~ranted until such time that the Future zoning and use of the property is determined. ~rs. Symon, 14361 Sprinter Avenue, Mr. Richard Marques, 14895 SDrin~er Avenue, and Mr. Arnold Mercer~ Sprinter Avenue, protested to the request for a Use Permit. All objections to the use were on the same ~rounds as those previously filed with ~he Planning Commission. Hr. soUhies, 14371 Sprinter Avenue and Mr. Bouttier, 20750 !~ildwood spoke in favor of the use permit, statin~ that they have had no complaints about the previous operation of '!~ildwood P~rk. The entire file of the Plannin~ Co.~rmmission was introduced into the record and, there bein~ no one else who wished to address the council, Council- man Drake moved~ seconded by Councilman Ritchie, to close the public hearinR. Hotion carried unanimously 10:10 P. M. Councilman Drake stated that he did not Feel that sufficient evidence had been presented to indicate that the applicant would comply with the conditions of a use permit any more than he did in the past. Council- man.Ritchie a~reed and stated that hefelt the City should continue to act with 6~ delay to solve this problem by other means than by a use permit. :' ~ ~ ....... Councilman Drake moved, seconded by Councilman Ritchie, to adopt Resolution No. 14-UP-49.1, affirming the Planning Commissidn decision. in denying the Use Permit application filed by 5!r. George Ratty. carried unanimously. Recess: 10;25 ~ ~I. Reconvened: 11!00 P. M. ~i ADMINISTI~TIVE ~AYOR {1) ~{ay6r announced that,the planning Commission is ~a~er to receive Gen. Pl~ the Council's reactipn. to their list of proposed revisions to the Revi~io~ General Plan,'and directed the Staff to iL-~ure that all Council members have a copy of the list of revisions. Plannin~ Commissioner Crisp reported that a special meetin~ to consider proposed revisions to the General Plan has been set For July 1, 1963. {2) ~{ayor reported that, despite the strenuous objections from the City of Saratoga, the County Board o~ Supervisors had ,reversed Kenoyer the County Plannin~ Cx~mmission denial, and ~ranted a use permit Use Permit to Natalee Kenoyer! For a ridine academy on Bohlman Road. lie stated that although they intend to condition the use permit, the City of Saratoga has no assurance that the conditions can or will be imposed~ 5{ayor sta~ed ~hat, in viei~ of the Coun~y's lack eooperatioh in heedin~ the City*s recommendations re~ardin~ zonin~ and u~es near it's borders, he Feels it imperative ~or.the City to initiate studies of the feasibility of annexin~ these areas. AnneXation He reported that ~he Inter-City Council may soon have general Stud~ discuSsionS regarding the matte~ of Citys' control or influence 0ve~ development which adv~rseiy affects them. Council agreed that it is u~able to place cdnfid~nce ~n ~he County's willin~ness to heed the desires of the City and that steps must be taken to avoid undesirable development of the hill areas adjacent to the City. Planning Commissioner Crisp advised that the matter of possible annexation is scheduled for discussion at the special General Plan meetin~ and stated that he will advise the Co.~ission of the Council's desire to locate a man who has time and ability to voluntarily search ~he records and compile preliminary data-required for considering this type annexation. Res.40-3 {3} Councilman Ritchie moved, seconded by Councilman Drake, to adopt Deeds 6 Resolution No. ~0-3, authorizing ;Villiem C. Hanley to accept Grants deeda and grants on behalf of the City. ~{otion carried unanimously. Hanley- {4) Councilman Drake moved, seconded by Councilman Ritchie, to sign checks authorize ~illiam C..Hanley to execute hank signature cards ~or ~ warrants deposit and withdrawal of City funds. ~4otion carried unanimously. Bond {S} Councilman Ritchie moved, seconded by Councilman Drake, to Releases authorize !~illiam C. ~!anley to release Improvement Bonds of amounts not to exceed $SO0.00. qotion carried unanimously. Budget (6} ~ayor distributed a memorandum re~ardine council assignments For Assignments budget recommendations to expedite consideration of the 1963-6~ budget at the special meetine of June 12, 1963. Parks ~ {7} ~ayor requested the Council tO study carefully the various docu- Recreation ments pertinent to the Parks and ~ecreation program before ~he special meetin~ next ~ednesday. B. FINANC~ Bills {I) Councilman Drake moved, seconded by Councilman ~itchie, to approve the list of disbursements dated June S, 1963, for a total amount of ~8,~15.76. ~otion carried unanimously. -4- Councilman Drake requested information re~ardin~ the ~requency of the State Retirement System actuarial survey and was advised that the Staff will obtain the information. Co COUNCIL CO~,{ITTEES !tCoHanley. City Cl~rk Councilman Ritche moved, seconded by Councilman Drake, to appeint~ Nilliam C. Hanley City Clerk o~ the City of Saratoga as of June I, 1963. Motion carried unanimously. DEPARTmeNT HEADS AND OFFICERS (1) City Attorney reported that the State Legislature is currently Brown considerin~ two amendments to the Brown Act; one requirin~ sub- Act committee meetings to be open to thepublic and the other requiring Amendments a City to tape record meetin~s at the request of any individual. Staff was requested to check with the League of California Cities regarding the status of these bills and, if necessary, transmit, by wire~ the City*s objec tions to these bills. Tr~ 3144 (2] Director of Public ~!rorks reported that improvements in Tract 3144 Const~ Pride*s Crossin~ Unit #2 have been satisfactorily completed and AcCept. Councilman Drake moved, seconded by Councilman ~itchie, to accept the improvements for construction only. Motion carried unanimously. E. CITY ADMINISTRATOR (1) City Administrator reported that the C~tyAttorney has ~ecOmmended that the City resolve the matter of Ordinance NS-4.2~ re..~ula~in~ ho~s~.moving, prior to ~ompletion of codification of th~ Ord.NS-4.2 ordinances~ House MOving Councilman Drake advised that the ordinanCe'had been'introduced and continued, at hi~ requesti until several items which he'had questioned ~e~e reSoived by. the~Sta~ff and that the matter had never:been returned to the a~enda for diS~Us~io~ He;stated that he St{ll has ~eServatiOnS about actln~ on the proposed ordinance uniess these questions have been answeredi Mayor directed~ with Council approval, that the pl~9os~d Ordinance No. NS-4.2 be scheduled on the affenda ~or the next regular meeting and, in the interim, Councilman Drake discuss the items in question h with ~ief Building ~fficial'~il 'Pan Loretta. Employee (2) City Administrator reported that the Staff h~s screened a number Health of proposals for City employee ~roup health insurance and that it Ins. is expected that by the next meetin~ a specific Carrier will be recommended for CounCil approval. Codification (3) City Attorney reDerred that ~ichie Publications has recommended of Ord, that the City adopt a uniform. traffic ordinance and that, in view of the little progress that appears to have been made with codiFica- tion of the City's ordinances, he feels that a meetinR should be arranged with a ~-{ichie Company represenatiive to define the scope of responsibility. VII CO~MJNICATIONS A. NRI 'FINN (1) Clerk read a letter ~rom ~ [enneth ~arts, requestin~ Council reaction to a proposal to construct a youth activity building on the Youth civic center site in the corporation yard area. Mr. Marts explained Activity that the structure was primarily proposed as an activity center for Building scouts but could be utililized b7 other similar youth ~rmups. He cited the need in this area for facilities where ~rouns such as Civic Boy scouts, ~.ICA committees, etc~ could store their Rear and Center projects, participate in active ~.ames and activities, and that Site his ~roup has visualized .an inexpensive, 1o~ cabin type structure which could be built mostly by boys and their fathers and would require a minimum of maintenance. City Attorney and Council discussed with Hr. ~{arts the legal problems involved regarding. management, liability and responsibility. City .Attorney advised'.that le~ally the City could allow such a use aug that the simplest nethod of ti~itin~ the CitT's responsibility to the barest minimu~ would be ~or the ~roup to ~orm a legally reco~izable, bondable coloration and the City c~ld, for a nominal fee, give this coloration ground use. ~cil aEreed that the proposal merits fu~her investigation and advised Mr. ~4arts to re~ when he has investigated the possibili- ties o~ the City Attoney's su~Eestions. (2) Clerk read a letter fM ~. Isaac Abr~s, re~estin~ con~mation that the conditions of ~dinance NS-3-ZC-8 have been Mr. Clerk also read a letter fr~ Dr. Hax Robbins requestin~ a one year Ord. extension of the conditional rezoning, by ~dinance NS-3-ZC-7, o~ NS-3-ZC-8 p~perty relat~ to the develo~ent of ~. ~rM's develo~ent. Bxt~si~ A st~ repo~ f~m the Pl~nin~ Director indicated that Condition No, 1 of ~oth ordin~ces was the only condition relev~t to these N~ests ~d that the condition requires (a) development in accord with the app~ved tentative map for each property (b) app~val ~d Ncordation o~ a final map for each p~pe~y within ~e year f~m the date of approval or ch~e of zonin~ (by ~ne 6, 1963) ~d (c) diligent p~se~tiou of the subject develo~en~ within two years ~m date o~ appNval of ch~e o~ zoning. ~. AbrMs e~lained that it was not ~easible, nor economically ~ssible to develop the entire 28 lot parcel at this time as the use p~sed was intended to sere the City's fieeds For additional medical-d~tal facilities as they arise ~d that he had filed a final map on ten of the 28 lots. He staled that he w~ld like to file a final map on the reainin~ 18 lots but can not do so until he can' sell the 10 lots which have been recorded and thet he is unable to sell these ten lots ~less he can assure the buyers that the c~ditions o~ ~zonin~ have been cMpli~ wi~. ffter tho~ugh discussion of the pNblem, C~ncilman Ritchie moved, seconded by C~ncilman ~ake to m~e the declantion that ~nditi~ No. I of ~dinance NS-3-ZC-8, ~irin~ recordation within one year (by J~e 6, 1963) of the ~inal map o~ SD-347, h~ been subst~tially complied with in ~lation to that portion o~ the p~y covered by ~e 10 ~corded lots in ~act 3318 ~d~ at the sMe time, ~nnting a one year extension (to June 6, 1964) on Condition No. 1 as it ~ovens the bal~ce o~ the lots in SD-347. Motion carried unanim~s ly. ~d. NS-3-ZC-7 Councilman ~ake rowed, seconded by Co~cilman Ritchie, to ~ant Extension a ~e year ext~sion (to ~ne ~dinance NS-3-ZC-7, Motion carried un~im~sly. B. O~ Mayor acknowledEed, with pleasure, the Dresence o~ Pla~in~ Cum,issioner ~isp th~Eh out the meeting. VII I A~OH~NT Co~cilman Ritchie moved, s~onded by Councilman Drake, to adjourn the meetinM. ~tion carried unanimously 12:35 A. Respectfully submitted, WILLIAM C. HkNLE¥, CITY .z~L~RK -6-