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HomeMy WebLinkAbout01-15-1964 City Council Minutes SAPATOGA CITY COD~CIL SD~ARY OF I~LINUTES TI~IE: I~lednesday, January 15, 1964 7:30 P. M. PLACE: Saratoga l{igh School Cafetori~n, Herrinert Ave. & I!i~hway 9 TYPE: Regular Meeting I ORGANIZATIO~I Mayor Pro Tem Drake called the meeting to order at 7:36 P. M. A. ROLL CALL Present: Councilman Drake, Brazil, Hartman, Tyler Absent: Councilman Glennon B. MINIrfE S Councilman Brazil moved, seconded by Councilman Tyler to waive the reading and approve the minutes of the January 29 1964 meeting, as writu~. l~otion carried t=.u~ni~usly. II BIDS AND CONTRACTS A. TRACT 3596 - OVERSIZE STORi,Z DRAIN REI~URSE~,~NT AGRE~!ENT Tr.3596 The City Administrator explained that this reimbursement agreement Oversize had b~.~:TM prepared by the City Attorney in accordance with the Storm require~:.~nt, at the time of final- subdivision map approval, that Drain the subdivider install oversize storm drainage facilities, with Reimburse. the u?d-:=:..'standing that subsequent developers in the area served Agreement by ';:hese facilities would be required to reimburse the developer on a pro rata basis. - It was moved by Councilman Hartman,~ seconded by Councilman Brazil, and uP. ztl'r,!nous].y zpproved to authorize the ~iayor to execute the oversize storm drain reimbursement agreement with Crest Development Cemp any o III PETITIONS~ ORDI~].~ICES AMD FOPaf~AL Pd~SOLUTIONS A. ORDINANCE NS-3.-ZC-18 The City Administrator noted that this is the second reading of Ord. the ordinance to aonditionally fezone from P-A to Conditional~C-C NS~3-ZC-18 the parcel of property located at 14583 Big Basin Way and that the Conditional appl{cant, !It. Virgil Herring, has signed a copy of the ReZontng- ordinance, agreeing to comply with the cond~.t!¢~:z of rezoning. V.Herring T.ir. K, anley also indicated that the applicant has requested permission to post a bond to cover the cost of improvements in connection with the rezoning and to Zu~rantee that ~t the end of a year if the off-street parking improvements required are not included in an assessment district contemplated in the village area, then the applicant ~11 construct the improvements. Councilman Herman move8; ~econded by Councilman Brazil, to adopt Ordinance ~,~o. NS-3-ZC-18, subject to the applicant~s posting a bond as required by the City Engineer. Motion carried unanimously. B. RESOLUTION NO. 171 ~Ir. Henley reported that the formal hearin~ on the proposed Sanitation Res. 171 District :-~o. 4 assessment district on Horseshoe Drive, Bella Vista Consent and Green~.yood Avenues rill be held later this month but that Mayor to Sanitatary Glennon was present at the meeting when the Sanitation District's Sewers dist. resolution requesting consent of the City to the assessment district Horseshoe Dr. was adopted and that, at that time, petitions favoring the district were presented bearing signatures representin~ slightly more than 60% of the area involved and that it was Mayor Glennon's personal feeling that there is a serious health hazard in the area and that the Board would approve this district at its public hearin~ unless serious protests are presented. -1- Councilman Herman questioned whether or not the connection of the Horseshoe Drive area to the Douglas Lane sanitary line would produce a flow exceeding its capacity ands after discussions it was moved by Councilman Brazil~ seconded by Councilman Hertznan and unanimously approved to adopt Resolution No, 171, granting consent to Sanitation District #4 for asses,merit district in Horseshoe Drive area, ~ub~ect to written confirmation from District #4 that the Douglas Lane line can adequately serve the additional IV SUBDIVISIO~S A~D BUILDIHG SITES SDR-401 A. SDR-401 - STRAI,~TZ : Stremetz It was m~vad by Counci~man Brazil, seconded by CounCilman Tyler a~d ur. animous~y approved' to adopt Resolution No~ SDR~401-1, ~ran[ing building 'site approval to Arthur U. Stramet~ for one'lot On Sobey Road. V PUBLIC HEARINGS Continued ~;il 8:00 P. M., the tithe ~d'Tertised for public hearings VI AD~.ffNIST/EATIVE ~!ATTERS A. I(~YOR No reports B. Bills (1) C,2'~cilman ~::~?.7. moved, seconded by Councilman Hartman, to ~iF~=:j~;'ve the disb'=~rsemenzs on the list dated January 15, 1964, a~i authorize that warrants be dra~m in payment. V PUBLIC HEARINGg - 8:02 P. ~. A. ORDXNi:~,~ NS-3.4 Ord. t.fayor Pro Tem reported that some technical questions had been raised N S-3.4 at the public hearing on the proposed amendment to the zoning ordinance relative to site area requirements and that the matter had been referred.to the Planning Corm~it~ee and the public hearing continued to this meeting. Councilmen Hartman read the report from the Plenning Committee, dated January 7, 1964, setting forth the reasons why the Committee recc~.~mends adoption of the proposed ordinance and concluding that these objectives could not be attained by means of rodefining setback requirements. Eriefly, the Committee recommended adoption because the ordinance (1) would not affect legal status of existing lots of record but would operate to control creation of new lots by subdit!~ion, (2) would be first of t~o steps to establish the requiren~azt that flood control areas be dedicated in fee to the Flood Control District to insure proper controls access to, and maintenance of creek channels by the District, as part of a cooperative program worked out in a meeting with Hr. Currlin and Staff to better insure preservation of natural creek channels. (3) would insure that net usable lots in subdivisions along creek channels would be the sane size as those where no creek channel was involved, and (4) would result in a slight reduction in density. Mayor Pro Tem declared the public hearing re-opened at 8:11 P. M. and, there being no one present who wished to speak either for or against the proposed ordinance, it ~.ms moved by Councilman Hartman, seconded by Councilman Brazil, and unanimously approved to close the public hearing, and adopt the report from the Planning Committee. Hayor Pro Tom Drake directed the record to indicate that Ordinance No. NS-3.4 was introduced and will be on the agenda of the next regular meeting. _2-¸ B. CHESTER AVENUE ~ROVE~NT DISTRICT L INFO~LAL HEARING Mayor Pro Tem Drake announced that this is the time and place for informal hearing on the proposed Chester Avenue Improvement District, The City Administrator summarized the background of this informal hearing by reporting that the City Council had originally received a petition requecting authorization to improve and extend Chester Avenue southerly from Allendale, to extend water and sanitation Chester lines and to install culverts for storm drainage all as part of an Avenue assessment district including all affected parcels from Allendale Improvement southerly to the con=aon property line of HcCullough and 3ackson, Upon District - presentation of the original petition the two property owners fronting Informal on Allendale had protested their inclusion in the district on the Public grounds that they had no present intent to develop their property, At Hearing that ~ime the entire matter was referred to the Planning Committee of the Council for review and recommendation, During several meetings on the problem the Con~nittee recon~aended to Mastin and Kingstons Engineers for the proposed districts that they attempt to develop an extension of the project out to Sobey Road in order to provide more than one access for emergency vehicles into the area. The Committee further recommended that consideration be given to developing the district so as to exclude property fronting on Allendale Avenue, The engineers attempted to develop a plan which would provide dual access without incurring substantial protests from affected property owners. Recognizing however that some of the newly affected property o~mers opposed the formation of the district this informal hearin~ had been scheduled by the Council to enable the Council to determine the sentiments of the area with regard to the proposed new district. Public Hearing opened at 8:30 P, ~. and the follo~xing people spoke in opposition to the proposed assessment district: Mr. Everett Rowes Attorney representing olmers of the MaSnuson property~ Mr. Donald R, I~eber, Mr. Robert Allen, ~{r. Richard BT.~ater~ Dr. ~-Feiznick~ and ~rs. Gsorge G~em'per. All of the protestants expressed opposition on the grounds that they already have adequate facilities and alternate means of access and that the proposed district would incur expense without real benefit to their properties, Mr. Clf.7zon ~[cCullough~ ~[r. Robert Stubbe and ~lr, A , P. Hilgeman spoke in favor of ~ha proposed assessment district on the ground that it was the most effective ~ay to provide proper streets and utilities for the area. Durin$ the course of the discussion it was indicated that the o~.mers of 83% of the land in the proposed district had si~ned the petition and that they would bear $101,000. out of the total estimated cost of $110,000. Several points of issue also arose during the discussion which the Council felt warranted further study: (1) The question of the legal status of the right-of-way leading from Sobey Road across the Ueber and Magnuson parcels - there was dispute as to whether the right-of-way existed for ingress and egress or solely as a public utilities easement. (2) the question of the existing status of building site approvals on the Bywater and Jaeger parcels and how the Planning Cu~ission proposed their access should be developed. (3) The overall issue of whether the interior parcels could be served adequately by a series of minimum access roads or whether an overall street pattern to higher standards would be required. In light of these problems Councilman Brazil suggested that the City Council was really dealing with the question of how 114 acres should be planned for effective overall development and that there- fore the recommendation of the Planning Co.m~ission should be sought, There being no objection, the ilayor Pro Tem referred the matter to the Planning Commission with the recommendation that the staff research the problems indicated above so that the Commission could be in a position to effectively conclude its studies and report its recommendations to the Council. The Mayor commended all participants in the discussion for their courteous presentations, Recess: 9:30 P. H. Reconvened: 9:45 P, ~. Mayor Pro Tem expressed appreciation to the Good Govermn~ ~t Group for furnishing and serving coffee to those present. VI ADMINISTRATIVE MATTERS - continued B, FINANCE (2) City Administrator reported that the City has rece'.ved official Population ' notice from the StateDepartment of Finance that th~ population of Estimate Saratoga as of December 1, 1963 is 18,550, an incre ~se since November, 1962 equal to that of the two and one-half year period preceeding NJvember, 1962. Mr. Henley estimated that 'the increased population will result in additional subvention fund~ of from $16,000 to $18,000. C. COUNCIL COMMITTEES (1) Councilman Tyler reported that the Public Works coFmitt~e has Fruitvale reviewed the proposed Fruitvale Avenue widening, the first stage Avenue of l~hich will improve the stretch from Saratoga Avenue to widening Gardner Lane. The Committee recommends adoption of the plan for the entire project fr~a Saratoga Avenue to Saratoga-Los / Gatos Road in the near future as the official plan lines to control development of abutting lands~ and recomm. ends inm~ediate approval of the plans for the first stage of improvement. After discussion it was moved by Councilman Tyler and seconded by Councilman Hartman to approve the plans and authorize the acquisition of rights-of~qay and advertisin~ for bids. After further discussion, Councilman Tyler amended his motion and Councilman Hartman amended his second to (1) approve the specific engineering plans for the first stage of Fruitvale Avenue improvement (2) authorize the Director of Public !qorks to begin acquisition of ri~hts-of~ay for the improvement, and (3) refer the matter of plan lines for Fruitvale Avenue to. the Planning Commission. ~!otion carried as amended. (2) Councilman Tyler reported that the Public ~elfare Committee made the following findings and recommendations in regard to the / proposed Saratoga Avenue Assessment District: (1) The owners Saratoga. of four parcels located in the area between the railroad tracks Avenne and Fruitvale Avenue (proposed for minimum improvement ) are not Assessment interested in participatin~ in the improvement district and the District Committee recomraended their exclusion~ in view of the fact that the area is proposed for minimum improvement and that the parcels are not contiguous to the major area of the assessment district. It was pointed out that as these parcels are developed, the owners will be required to improve Saratoga Avenue to full four lane improvement standards. (2) ~qith the elimination of these four parcels~ the o~mers of approximately 80% of the proposed district have signed a petition requesting the formation of the district. (3) the stretch of Saratoga Avenue from the vicinity of the S.P. right-of-way north to the City limits will be improved to full standards. (4) The estimated cost of the total project ]s $340.000, half of which cost will be contributed by the State from urban extension funds, approximately $85,000 will be derived from the assessment district and the remainins cost of approximately $85,000 will be Ctt ' provided from the y s share of non-expressway Trafficways funds. The Council adopted the report of the Public Ue]fare Cormnittee / and expressed its general agreement to the project as outlined. D. DEPAR~.~NT HEADS'A~ OFFICERS In the absence of the City Attorney, ~.!r. Henley read proposed emergency Ord.3E-5 Ordinance NO. 3E-5, a temporary interim zoning ordinance prohibiting Emergency use of Community Commercial zoning property for gas stations without Zoning Ord. . a use permit. Mr. Henley explained that an interest has been indicated in construCting.an ~d~l~ional se~r~a ~tion in the village area and it was felt that such a use mayor may not be deBatable bu~ that the Plannln?. Conunission and City Council should have authority to control such uses if so desired, It was moved by Councilman Hartman, seconded by Councilman Brazil, and unanimously a~proved to adopt emergency ordinance No.3E-5, as read in its entirety by the City Administrator, E. CITY ADHINISTRATOR (1) ~[r. lianley stated that a request has been received for considera- SDR-~17 tion of Building Site Approval for U. S. Post Office, SDR-417 U. S. Post But that the item ~as not on the ageride as the necessary Office material was not filed prior to the rime the agenda was prepared. He indicated that all conditions of tentative approval have been met except payment of the inspection fee and obtaining an encroachment permit from the State Division of Hlgh~.~ays. Hanley stated that it was his understanding that the encroach- ment permit was in the process of bein~ issued and that if the Council so desired t~ could approve the building site subject to fulfillment of the n.~o conditions above. Councilman liarman indicated his disapproval of the manner in which the post office aDplicatlon has been handled by the post office representatives. He also questioned whether or not they ~ere in violation of City ordinances in proceeding with construction work before obtaining final site approval and indicated that although it is a federal facility, it should go through the same process as uould be required of any other applicant. Hr. Hanley and the Director of Public !~orks assured the Council that any improvements which have been made to the site are in legal conformance with ordinances at this time and explained that such improvements as grading, excavating, installin~ utilit~ lines and roads are permitted under the ordinance before final approval is granted. Councilman Brazil. agreed that the applicant is, in this case, within the law, but he personally felt that the applicant's actions had engendered poor public relations. It was moved by Councilman Brazil, seconded by Councilman Tyler, and unanimously adoptedto approve SDR-41? as a building site, subject to fulfillment of the ~o conditions which have not been met. Ranfre .Lane - (~) The City Administrator reported that he had notified those Saratoga Ave. persons who had requested a street light at Ranfre Lane and lighting Saratoga Avenue that reflective paint had been painted on the curbs and, at the same time, pointed out to them the City's policy regarding street lights. He indicated that no reply has been received to these letters and he assumed that the residents are satisfied with the painted curbs as a solution to the traffic safety preblem. Policy re Mr. Henley reco~aended that before dealing with individual safe~y requests, the Council consider establishinS a policy regarding lighting safety lighting at major intersections end pointed out that there are approximately 135 such intersections in the City and the estimated cost of providing lighting for all of them would be approximately $10,000 per year. The Council discussed the matter briefly and, with no objection, Mayor Pro Tem referred it to the General Plan Committee for their consideration and recommendation. (3) ~r, ~anley reported that he and H~, Huff had checked Fifth Street Fifth St, east of Big Basin Uay in their investigation of a request from St, light Hr. Kongsli for a street light and had found the area to be unusaally dark. He pointed out that the area is within the existin~ Saratoga Lighting District and recommended that a light be installed and the $~2.60 per year cost be added to the tax roll of the ti~h~in~ district, It was moved by CounciLman ~razil, seconded by Councilman Hartman and unanimously approved tO adopt the recommendation and authorize the installation of a street iight on Fifth Street east of Bi~ Basin Uay, League of (4) The City Administrator announced that the. Peninsula Division.of Calif. the League of California Cities will meet January 30, 1964 Cities and requested that any Council members who wish'to attend advise him so reservations may be made. Froese vs. (5) Itx~as moved by Councilman Harman, seconded by C0uncilmau Brazil City - change and unanimously approved to authorize the Mayor to execute a of Counsel certificate of consent to the substitution of the firm of Kane and Oweh for that of Hoa~, Fenton, Jones & Appel in the case of Froese vs. the City of Saratoga. 1964-65 (6) The City Administrator advised the CoUncil that the Cuunty has Cooperative requested information regarding proposed cooperative projects Projects for the 1964-65 fiscal year and that,providing the Saratoga Avenue project is constructed this year, it ldoes not appea~ that any cooperative projects will be planned for 1964-65. VIII COt~4UNICATI~S A. ~ITTEN SDR-387 (1) It was moved by Councilman Hartman, seconded by Councilman Brazil, Extension and unanimously adopted to approve the request from D~. Otto to extend the time limit for completion of improvements required as a condition of buildin~ site approval No. SDR-387 until June 30, 1964o Holme- (2) A letter from ~{r. Uilliam ~. Holme, 19991'Glasgow Drive, protest- Sign ing the installation of a "School Crossing" sign in front of Complaint his property~ was referrc~ to the Chief of Police for investigation and report, Mr. Holme was present and explained to the Council that school children use the vacant lot Which is adjacent to his property and is owned by ~. Hiljevich as a pathway and this use, plus the placement of the sign in front of his property, creates a nuisance and reduces the value of his property. Mr. Holme also requested the installation of an additional stop sign at the intersection of Glasgow; and Scotland Drives. This request was also referred to the Chief of Police. B. ORAL Quito-Cox (1) Dr. Isaac Abroms requested investigation of the drainage Drainage problem in the Quito-Cox Road area, and, with no objection, Mayor Pro Tom Drake referred the matter to the Public Welfare Committee. (2) Mayor Pro Tem acknowledaed, with pleasure, the presence of Planning Commission Chairman l~bster and personally expressed his regret that Hr. Uebs{er was unable to accept re-appointment to the Planning Commission. X ADJOUR}E-ZNT Councilman Brazil moved, seconded by Councilman Hartman to adjourn the meeting. !4otion carried unanimously 11:00 P. M. Respectfully submitted, !'.rlLLIAM C. HAMLEY, CITY CL~/ -6-