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HomeMy WebLinkAbout05-20-1964 City Council Minutes SAK~T00A CITY COUNCiL SLII~,ARY OF HINIrI'ES TI~: Wednesday, May 20, 1964 - ~:30 PLACE: Saratoga High School, Herriman Avenue, Saratoga, California TYPE: Regular ~eeting I ORGANIZATION Mayor Pro-tem Richard Drake called the meeting to order at 7:30 P.M. A. ROLL CALL Present: Councilmen Drake, Tyler, Burry Ahsent: Councilmen Glennon, Hartman B. It was moved by Councilman ~.ler, seconded by Councilman Burry and unanimously Min- adopted to approve the minutes of the May 6, 1964 meeting, as written, subject utes to changing the first word, in the sixth llne, paragraph 3 of the sixth pegs from Management to Policy and changing the name of Jobbery in the second paragraph, page four to Geoffroy. II BIDS AND CONTRACTS A. Agreement between City of Saratoga and Leohie T. Kensin for acquisition of ~-property on Fruitvale Avenue. Agree- Mr. Hanley explained that this was the third parcel for which negotiations ment had been completed and that there are three others remaining to be acquired. Fruit- Mayor Pro-tem Drake inquired if the specified amount of $661.36 was in vale accordance with the appraised value and the City Administrator reported that r/w it was. Councilman Tyler moved, seconded by Counciln~n Burry, and unanimously Kerwin approved to authorize the Mayor to execute the agreemcnt with Leohie T. Kerw~n for the purchase of right-of-way for Fruitvale Avenue improvement at the price quoted. B. Agreement for acquisition of completed storm drainage system. ~le City Administrator presented a request from Joseph Sweany of Ruth & Going Associates for amendment of the agreement for acquisition of completed Storm storm drainage system previously entered into between the City of Saratoga Drain and developers along the east side of Itighway 9. The requested amendment Dist. would provide for payment of a portion of the Ctty's share of the cost upon Agree- completion of construction rather than upon completion of the maintenance ment period. Of the total City's ahare of $8881.00, $7261.00 would be paid upon completion of construction and $1620.00 would be retained until maintenance period was completed. The City Administrator pointed out that these amounts had been worked out jointly by Mr. Sweany and the Director of Public Works. It was moved by Councilman Tyler, seconded by Councilman Burry and unanimously approved to request the City Attorney to draft the required amendment and to authorize the Mayor to execute on behalf of the City. C. Agreement between County of Santa Clara and the City of Saratoga for payment of costs of right-of-way acquisition for State Highway Route 114 (State Sign Route 9) The City Administrator presented a formal agreement between the County of Agree- Santa Clara and City of Saratoga. It would provide for the construction by the ment State of an extension of the storm drainage line along the west side of High- for way 9 from Thelma Avenue to approximately 300 feet south of Herriman Avenue, r/w the line to be installed at the time the State proceeded with construction of costs Highway 9. It~y.9 The agreement further provided for a sharing of the cost, 1/3 by the State and 2/3 by the City of Saratoga not to exceed $40,0~0.O0. The City Administrator pointed out that this agreement reflected terms previously discussed with and approved by the City Council. It was moved by Councilman Tyler, seconded by Councilman Burry and unanimously adopted that the Mayor be authorized to execute this agreement on behalf of the City of Saratoga. -1- III PETITIONS, ORDINANCES AlgD FOR~'J~L RESOLUTIONS A. ORDIN_~]CE 38.2 Ord. 38.2 Upon completion of the readin~ of Ordinance 38°2 by Mr. Henley,' Parking Councilman Tyler ~oved, seconded by Councilman Burry and it was Regulations unanimously approved to adopt Ordinance 38.2 prohibitinn parkin~ on public thoroughfares for longer than 72 hours or for the purpose of repairiu~ or displayin~ vehicles for sale. B. ORDIN.~CE 38.1 Ord. 38.1 Ordinance 38.1 was ordered introduced by the Mayor. The City Attorney Relative i~ff,~rmed the Council it was not necessary to read an Ordinance at to Plan the time of introduction. Councilman Tyler moved, seconded by Co,~nci!- lines maa Burry and unanimously approvcd that the reading of Ordinance 38.! be w~ved until next meeting. IV SUBDIVI3IO~]S AND BU~LDIMG SITES A. SDR-485 - EDGAR W. HORTO~I SDR-485 It was moved by Councilman Tyler, seconded by Councilman Burry and E.W. Horton unanimously approved to adopt Resolution No. SD~~485-.1, granting building site approval to three lots on Woodbank Uay off Qutto Road. B. SDR-443 - CHARLES L. MCKOI~ SDR-443 It was moved by Councilman Tyler, seconded by Councilman Burry and C.L. unanimously spproved to adopt Resolution No. SDR-443-1, ~rantin~ McKown building site approval to Charles L. ~cKo~m for one lot on Sobey Road. C. SDR-454 - HUGH PURCELL SDR-454 It was moved by Councilman Tyler, seconded by Councilman Burry and Hugh unanimously approved to adopt Resolution No. SDR-454-1, approvinF Purcell two lots on Saratoga Avenue as buildin~ sites. D. SDR-492 - ROBERT C. JONES SDR-492 R.C.Jones The Mayor Pro-tem inquired if applicant had agreed to widening of Quito Road and the Plaanin~ Director said theft he had. Councilman Tyler moved, seconded by Councilman Burry and unanimously aDproved to adopt Resolution ~o. SDR-492-1, granting buildin~ site approval to Robert C. Jones for one lot on quito Road. E. SD-478 - TRACT 3742 - CLAUDE T. LINDSAY The City Administrator pointed out that this unit of the proposed SD-478 · Lindsay development would not require any out-of-tract drainage Tr. 3742 but that such facilities would be required in connection with improve- Lindsay ment of the develo9er's remainin~ parcel adjacent to the easterly line of this unit. The ~layor Pro-tem directed that the record reflect this fact and that the subdivider be so informed. It was moved by Councilman Tyler, seconded by Councilman Burry and unanimously approved to adopt Resolution No. SD-478-1, approving the final map for Tract 3742, Georgetown Unit #1, being a 14 lot subdivi- sion located north of the Southern Pacific Railroad and south of COx Road ~n Glen Brae Drive. PUBLIC HEARINGS A. V-241 - JOHN ~OtL}~RE - HEARING ON The ~ayor Pro-tem announced that this was the time set for continuation V-241 of the Public Hearin~ on the appeal of John H. Michelmore. Michelmore ' Appeal ~tr. Michelmore was present and reported that he had not yet been able to complete negotiations for purchase of the su~Zested 3 1/2 feet of property from a neighbor to the rear. He, therefore, requested continuation of the Public Hearin~ to the next meetin~ of the City Council and withouth objection it was so ordered by the Mayor Pro-tem. B. ORDINANCE NS-3.6 Ord. NS-3.6 The Mayor Pro-tem declared l~blic Hearing open on Ordinance NS-3.~, a proposed Planued amendment to Zoning Ordinance to establish a PLmned Con~aunity District Co~n. zonin~ classification. Zoning There being no cor~nent from the audience the City Attorney reported that he had several recouunendations for modification of the proposed Ordinance before it is adopted. A copy of the proposed Ordinance containing penciled sugges- tions of the City Attorney was distributed to each Councilman and the City Attorney in addition particularly reconmaended that Paragraph 4A.8 be rewritten to provide for more specific requirements. The City Attorney's connnents ~,~.~!~-:7~ taken under submission and without objection the Mayor Pro-tem continued tLe Public Hearing on this Ordinance to the next regular meeting of the City Council. NEW BUSINESS A. C-68 - MASON ENTERPRISES, INC. TIle application of Mason Enterprfses for rezoning of 19 ~cres near %~ardell Iiason Road from R-l-15,000 and R-1-40,O00 to R-i-12,50OP-D w~s presen~hd and the Enter- City Administrator indicated that the City Couucil could follow the recommend- prises ation of the Planning Commission aud dcny the request, in which event no C-68 Public Hearing would be required or it could set the matter for Public Hearing at a future meeting. The City Administrator reported that the Planning Connnission had reco~nnended denial on the grounds that the rezoning would increase density and be inconsistent with the General Plan for this area. ~. Richard Iq. Rogers, Vice President of Mason Enterprises submitted a letter dated May 20, 1964 which alleged that his firm had received erroneous information from the City Planning Department and that the Planning Commission had conducted its meeting inch improper manner. The ~yor Pro-tem stated that he would like to have a full opportunity to review the file and there being no objection this matter was continued to the meeting of Jene 3, 1964. B. C-67 - DR. A. W. BABIENCO The City Administrator presented the recommendation of the Planning Commission thnt the application of Dr. A. Ig. Babienco for change of zoning from Rl-lO,O00 to Professional Administrative on his property at Saratoga C-67 Avenue and Koslch Drive be denied on the grounds that approval of this Bahinn- application would result in spot zoning inconsistent with the General Plan. co Mayor Pro-tem asked if anyone wished to speak on this matter and there being no one it was moved by Councilman Tyler, seconded by Councilman Burry and unanimously adopted to deny application C-67. C. REPORT FROM PLANNING COI~4ISSIONREGARDING RIGHT OF WAYAND IMPROVEMENT REQUIREMENTS FOR ST. CHARLES STREET Mayor Pro-tem took up the report from the Planning Cormnission regarding St. right-of-way and improvement requirements for St. Charles Street. The Charles report suggested seven different alternatives and recommended alternative Street No. 7 which would involve a total improvement width of 2~ feet and the establishment of one way traffic on the street in a westerly direction. The Commission reconEaended the alternative bccause it~uld save nearly all the trees on the street and preserve the natural topography. The City Council expressed concurrence inthe proposal but reconun. ended that consideration be given to two factors before final application cf these requirements: 1. The needs of the School District with regard to circulation for its buses serving the Oak Street School. 2. Allowance for flexibility in changing the direction of traffic flow if later conditions should warrant. VII ADmiNISTraTIVE ~TTERS A. MAYOR No reports B. FIN/~MC~ (1) It was ~ved by Councilman Tyler, seconded by Councilman Burry, ~nd una:~imously adopted to approve the disbursements cn the list da~ed Hay 20, 1964 for a total ~mcux:t of $18,730.42, add ~:~thorize that warrants be dr~t~ in pa}~ent. ,'he City Clerk's Fihancial Report and the Treasurer's report for ~be month of April, 1964 were distributed and accepted. C. COUMCfL CO~ITTEES (1) Chairman Burry of the Public Welfare Committee reported that the Committee had reviewed the request of the Art Center that the Art Center City surface its Darkin~ area at 19010 Austin !~ay and recommended Paving request - that the request be denied on the grounds that improvement of Austin Way private property would be an e}~enditure of doubtful legality and au unwise policy despite the worthiness of the purpose for which the property was used, It was moved by Councilman Burry, seccnded by Councilman Tyler and unanimously adopted to deny the request and inform the Art Center of the decision. (2) The City Administrator reported that the Planning Committee had Youth Center held an initial meeting with the Subdivision Committee of the request re Planning Commission and representatives of the Youth Center Building on regarding a request that the City consider allowing the Youth Civic Center Center to construct a building on a back portion of the Civic Center Site. He reported that the Committee had requested the representatives of the Youth Center to submit a letter and sketch outlining the specific tems of their proposal and the type, size and location of the structure for further consideration by the Committee in the light of future City needs. D. DEPARTIItNT HEADS AND OFFICERS (1) The Director of Public Works presented a request from the developer for construction acceptance of improvements in Tract 3101, Blue Ridge, and recommended against acceptance until the developer completes a required drainage ditch across adjacent property outside the subdivi- sion. Mr. Robert P. Aquilar, Attorney, representing five property owners on Trinity Avenue and one on Lynde Avenue, also requested that the improvements in Tract 3101 not be accepted until a drainage probiem Tr. 3101 suffered by his clients and set out in his letter to the City of May:12, Blue Ridge 1964 is corrected. Construction & drainage Mr. Aquilar stated that his clients' properties backed up to the Foo~- problem hill Elementary School and the natural course of drainage had been from the front to the rear of their properties and out across the school site. He indicated, however, that this natural flow had been impeded by an asphalt or dirt berm placed along the school's property line and the water now ponded in their rear yards during a storm. was his request that the school district and/or the City do somathin~ to correct the problem. Mr. Turgeon, representing the developer, ~eorge Day, stated that he felt this was a separate problem and that ~:hey had not been able to complete the required drainage ditch cn!y because they had been unable to obtain the required right-of-way from the adjoining lando~mer. I~ithout objection, the TTayor Pro-tom referred both matters to the City Attorr~ey for a legal oDinion and to the Public Welfare Committee for policy recommendations. Saratoga (2) The Director of Public Works submitted a proposed a~reement ben~een Avenue the City and Roy, Obren, and Dorothy Kosich providing for their Improvement dedication of the required right-of-way for the improvement of Saratoga Avenue in exchange for County improvement of the ri~ht-of~ay out of Saratoga's share of non-expressway funds at an estimated cost -4- of $8,000. After review of County and City plans for SaratoF-..a Avenue, which revealed that this arrangem~-nt would connect the two improvements near the northern City limits, it was mo'~e,~ by Councilman Tyler. sec,~.n~.cd by Councilman Burry and unanimously approved to authorize the M,~yor Pro-.tem to execrate the a,~reemer!to E. CITY ADMINISTRATOR County (I) ,-'-{r. IL-',.nley announced that the Boar,] of Sup~'cvisors will meet Monday, Contract May 25 at 2:00 P. t4. on the issue of co~tracts fur police and comm,a~i- Services catlf:,z~ services in the area and Co,:ncilman Burry will atten~L (2) Tb~- ~:ity Administrator reported that initial discussion has been Budget i~,=j.~i ',;ith the Management Committee on the budget and the Mayor Pro- 1964-65 t'c~ .';,.~ggested presentation of preliminary budSet salary recommendations }fc.~,' ~iscussion at the next meetin? and introduction of the budget a~% ~ 2~e June 17 meeting. Vacations (3) Mr. Itanley reqnested the Council members to advise him of their vacation schedules as soon as possible. Mass (4) In response to brief discussi~,n reRard]ng the County~s request Traz~sport. relative t,o Mass Tra~sportatic~ s|'udy, it was reported by Councilmau Studies Tyler that the Board of Superv:,-scrs had received indecisive recom- mendaticns and will therefore consider the matter as it now stands. VIII COf~.fONICATIONS A. URITTEN Library (1) A request for the City recom. mendation for an appointee to the County CeF~aission Library Commission was referred to the Saratoga Library Committee for recommendation and report at the June 3 msetin~. (2) Mr. Henley read a request from Anthony Lagorio, AttorDey for SDR-348 Goodly, in Steinberg~ advising that Mr. Steinberg's property on Steinberg Highway 9 b~s been c~.~ndemned for ~,~i~en~ ~uc~ requestin~ a r~und fee of the fees paid to the city in connection wi~h building site Refund approval application SDR-348. The City Administrator stated that although the storm water and inspection fees had been levied on the basis of use and development of the property, the filing fee and appeal fee were charged to off-set the cost to the city of processing the application and apDeal. The City Attorney pointe~ out that final building site approval had never been granted to }Yr. Steinberg because he had not complied with all the conditions of final site approval but that in cases where final building site approval had been ~ranted and the owner later did not develop the property, it would be his opinion that fees collected relative to obtaining final site approval should not be refundable. It was moved by Councilman Tyler, seconded by Councilman Burry, and unanimously approved to authorize thzt a warrant be dra~,m for refund of the storm water and inspection fees paid in connection with SDR-348. Jail (3) The City Administrator reported that the Council and City officials tour have been invited to tour the main Santa Clara County Jail facilities and the Elmwood rehabilitation center on May 27, beginning at 11 A.~M. Mayor Pro-tern Drake stated that he will ~ry to attend and urged those who will be able to attend to avail themselves of this opportunity to become acquainted with the services and f~icilities which are available through the Sheriff's Department. Len Widen (4) The Council expressed approval of a letter transmitted to Actin~ Services Director of Public Lorks James Port from Saratoga P!anninF, Commission Chairman Norton commending the services of Mr. Lea Widen who has been assigned to other work in the County Public Norks Department. -5- Foothill (5) With no objection, the City Administrator was directed to inform School Mr. W~ J. Straub of Lynde Court that the matter of traffic near Traffic Foothill School which he referred to in his letter dated May 14, 1~64, is presently under study as part of a City-wide survey. ORAL Mayor Pro-tem acknowledged, with pleasure the presence of Planning Commissiou representative E. A. McFall and the members of the Good Governmenu Group. IX ADJOURN~'i';?; It was move~! !~y Councilman Burry, seconded by Councilman Tyler, and unanimously approved to :,~journ the meeting at 10:50 P. M. Respectfu!iy submitted, "WILLIAM C. [L~2~LEY, CITY -6-