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HomeMy WebLinkAbout08-19-1964 City Council Minutes SARATOGA CITY COD~q. CIL SL~_'~ARY OF MINUTES TIME.' Wednesday, August 19, 1964 7:30 P. PLACE: Saratoga High School Cafetorium, llerriman Avenue, Saratoga, Calif. TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:40 P. M. A. ROLL CALL Present: Councilmen Glennon, Drake, Hartman, Tyler Absent: Councilman Burry B. MINUTES Subject to changing Line 1 of Item VII-B to "Councilman Burry" instead of "Councilman Brazil", it was moved by Councilman Drake, seconded by Councilman Hartman, and unanimously adopted to waive the reading and approve the minutes of the August 5, 1964 meeting, as written, II EIDS M~D CONTRACTS A. EDGAP. W. HORTON - ~.~NIMUMACCESS STREET REIMBUP~EMENT AGREEmeNT Horton- Access It was moved by Councilman Hartman, seconded by Councilman Tyler and Road -unanimously adopted to authorize the Mayor to execute the agreement Agreement between the City and Edgar W. Hotton ~or reimbursement of minimum access street construction costs. B. REQUEST FOR AUTHORIZATIOn] TO ~DVERTISE ~OR BIDS ON }qSCELL~]EOUS STORM DRAINAGE PROJECTS Bids - Mist. The Director of Public Works reported thet $14,000 has been budgeted Storm for miscellaneous storm drain pro~ects and that specifications are Drain presently being drawn for several projects, estimated to cost approxi- Projects merely $7,000. It was moved by Councilman Hartman, seconded by Councilman ~/ler, and unanimously approved to authorize the various storm drainage projects te be put to bid as soon as the specifications are completed. III PETITIONS, ORDIN~CES AND FOP~L PZSOLUTIONS A. ORDI}L~NCE NS-3-ZC-22 - MARIO BAF3IERI - C-69 Ord. NS-3-ZC-22 It was moved by Councilman Dr~/~e, seconded by Councilman ~{artman, and C-69 unanimously approved to adopt Ordinance NS-3-ZC-22~ as introduced at the last .meeting, rezoning approximately 6 1/2 acres on Prospect Road from Agricultural to R-1-10,000. B. RESOLLTION ~-2 Res.}~g-2 It was moved by Councilman Tyler~ seconded by Councilman Drake~ and I5 min. unanimously approved to adopt Resolution ~-2, restricting that ~ortion Parking of Saratoga Avenue directly in front of the new most office to 15 minute Zone parking. C. ORDIN~CE NO. 19-G Ord.19-G The City Attorney advised that this ordinance, fixing the amount of Fixing revenue from property taxes necessary for the 1964-65 fiscal year, 1964-65 needs no prior introduction and becomes effective immediately upon Revenue passage. Mr. Henley stated that the ~mounts of revenue required for required the current year to support the City and pay the estimated costs of the lighting districts have been sat in conformance with the budget and it was moved by Councilman Drake, seconded by Councilman Hartman, and unani- mously carried to adopt Ordinance No. 19-G as read by the Clerk. -Il D. PZSOLUTION NO. 32-G ReS.32-G It was moved by Councilman I{artman, seconded by Councilman Tyler and Setting unanimously approved to adopt Resolution No. 32-G, being a resolution 1964-65 setting the tax rates for'the 1964-65 fiscal year as follows: General Tax rates Property Tax - 10¢ per $100 assessed valuation; Saratoga Lighting District - 25¢ per $100 assessed valuation, exclusive of improvements; Azule Lighting District - 60¢ per $100 assessed valuation, exclusive of improvements. IV SUBDIVISIONS ~4D BUILDING SITES A. SDR-509 - CHARLES E. FL~RDEN SDR-509 Harden ~Ir. Henley explained that ~lr. }farden has requested that the condition Request of tentative building site approval requirin~ dedication and improvement for on Sobey Road for a 30' half street be modified to require only 15 feet, Modification instead of 20 feet of paving, because (t) three trees would have to be removed, (2) the creek bank would be too close at one point (3) no other property o~.mers in the area have been required to improve to this extent. ~r. Henley further reported that investigations by the Planning Commission and Director of Public Works indicate that only one tree of any consequence would be involved and it could be protected by boxing and that the creek bank would be 26' from the centerline at the point in question and would present no problem although some rip-rap might be deemed advisable to prevent erosion. Regarding Mr. Harden's third reason for requesting modification, it was pointed out that as the Sobey Road area continues to be developed it was the recent decision of the Planning Commission that the street improvement' previously required is no longer feasible and ~r. Harden happens to be the first developer affected by this change in policy. No representative of Mr. Harden was present and, after discussion, during which the council was assured that no street work can proceed until the improvement plans have been approved by the Director of Public Works, it was moved by Councilman Drake, seconded by Councilman Hartman, and unanimously adopted to approve the recommendation of the Planning Commission and deny Mr. Harden's request. B. SDR-306 - PECK MERRICK SDR-306 The Council discussed with >~. Hanley the request from ~r. Peck ~rrick Merrick for an extension of final building site approval and ~{r. ~rrick ex- Refund plained that since he submitted his request he has sold the property of Bond and has no further interest in an extension as the new buyers plan to use the entire property and not Just the lot affected by SDR-306. After discussion with the City Attorney and with the understanding that no improve- ments have been made, none are planned and the new o~ers will have to apply for building site approval for the entire parcel, it was moved by Councilman Drake, seconded by Councilman Tyler and unanimously approved to authorize the refund of the $100.00 cash bond posted by ~r. Merrick to guarantee construction of improvements in connection with the building site off Merrick Drive for which site approval lapsad on August 1, 1964. C. SDR-515 - SAP~TOGA PA~ENT NURSERY SCHOOL Mr. Hanley indicated that all conditions have beeh met, bonds posted and SDR-515 fees paid, with the exception of payment of the storm water fee. It was Saratoga moved by Councilman Hartman, seconded by Councilman Tyler and unanimously Parent approved to adopt Resolution No. SDR-515-1, granting building site approval Nursery for one lot on Saratoga-Sunnyvale Road, subject to receipt of the storm School water fee. D. P~QUEST FOR EXTENSION OF TI~2~ LI~T ?~ TED A~I!~ AGREE~YT The Council discussed a request from }frs. Zorka Ficovich, on behalf of Ted Ave. Mr. B. T. Galeb, that the matter of the temporary extension of Ted Extension Avenue in connection ~¢ith the development of Tract 3438 be continued of Time for 90 days as Mr. Galeb ~as been out of the Country since the approxi- mate time that the council established a six months time limit for Mr. -2- Kirkorian's bond and obligation regerding the temporary improvement of Ted Avenue, and will not return. before the deadline of August 19, 1964. Mr. Eanley pointed out that although Mr. Kirkorian has not been contacted regarding this request for an extension, the Council had originally set the time limit on its o~n volition. It was moved by Councilman Drake, seconded by Councilman Hartman, and unanimously adopted to grant a 90 day extension, or until November 19, 1964 for ~(r. Galeb to negotiate with Mr. Kirkorian regarding the temporary extension of Ted Avenue. E. SDR-505 - EDGAR SI!ERF SDR-505 The City Administrator reported that all conditions have been met, bonds Sherf posted and fees paid and that the lot is a legally non-conforming lot on Canyon View Drive. It was moved by Councilman Drake, seconded by Council- man Tyler and unanimously approved to adopt Resolution No. SDR-505-1, granting building site approval for one lot on Canyon View Drive. V OLD BUSINESS A. C-70 - O. R. MAGGIORE Mr. Henley reported that this application for rezoning had been continued C-70 from the last meeting at the request of the representative of the M egglore applicant and that public hearing had net been set in accordance with council policy of not automatically holding a public hearing on rezoning applications when the Planning Con~nission has recormnended denial. Mr. La Croix, Attorney representing Mr. MaWRlore, was present and was advised by the Mayor that the Council can take no action without a public hearing unless it is to uphold the Planning Conmission reconmendation but that if he wished to make e presentation to the Council he was welcome to do so. Mr. La Croix stated that he had requested the Planning Co_~mission to withdraw the application and refer it to the committee that ~ill be reviewing the General Plan. Planning Comnission Chaim?an Herton advised that the request for withdrawal was not presented until after the Subdivision Committee's adverse report on the request had been presented ~o the Conmission. Mr. La Croix indicated, in response to questioning by the }fayor, that the question was whether or not the Planning Commission action was taken before or after the findings were completed and whether or not the applicant can withdraw the application, have the matter referred to the General Plan study and have the filing fee refunded. The City Attorney advised that the Zoning ordinance does not make any provision for refunding filing fees on change of zonin~ applications and, further, that the City has always required that an applicant submit a request for withdrawal in writing so there is no questien as to when it is received. After discussion, Mayor Glennon suggested that Mr. La Croix make a written request for withdrawal of the application and refund of the fee and Mr. La Croix indicated that he would do so. VI ADMINISTraTIVE }L~TTERS A. MAYOR No reports B. FIN~NCE It was moved by Councilman Drake, seconded by Councilman Hartman and Bills unanimously adopted to approve the disbursements on the list dated August 19, 1964, for a total ~mount of $7,674.22 and authorize that warrants be dragon in payment. Recess: 8:45 P. M. Reconvened: 9:00 P. M. -3- C. COMMITTEE -REPORTS Mayor Glennon requested the City Administrator to read the report of the Planning Conmission dated August 10, 1964 concerning the possible location of a junior college campus on a site at Fruitvale and Allendale Avenues. After the City Administrator completed the reading of the Planning Cormaission report, Mayor Glennon invited Mr. Chester Root, architect for the West Valley Junior College District, to present the architect's report of August 19, 1964, setting forth data in response to questions that had been raised by the council at its meeting with the Board of July 22, 1964. Mr. Root's report covered data as to potential attendance, West distribution of students throughout the district, expected travel patterns, Valley estimated street improvement costs resulting from the site, and possible Junior areas of district financial assistance to the City. Upon the conclusion College of ~r. Root's presentation Mayor Glennon called for comments and questions site - from the audience and a number of citizens presented arguments both pro and Fruitvale con with respect to the site. The Mayor also had read into the record Avenue letters with respect to this matter from Mr. George Ferguson, Mr. and Mrs. Hanfe, and Mrs. Borer. After extended discussion and consideration of both reports Mayor Glennon expressed the opinion that selection of the Fruitvale site ~.muld Jeopardize the chances of future bond proposals by the district because of the opposition the site has generated. He also expressed the view that the location of the site in the center of town posed a risk of ill effect on the community that was too great to take, particularly in view of the fact that so few potential students would be drawn from the Saratoga area itself. Councilman Tyler expressed the viewpoint that the potential sites in the Campbell area would make better sense from the standpoint of the district because of their central location. Councilman Hartman indicated that he concurred with the view of the Planning Cor~.ission and opposed the location on the grounds that it would adversely affect the character of the community. Councilmen Drake stated that it was his conviction that the Council should not t~e a position either pro or con on this matter and particularly should not take a negative position because such a vote might be intrepreted as opposition to the district and its program and could hurt the prospects for a successful bond issue by the district. At the conclusion of council discussion ~d analysis ~t ~as moved by Councilman Tyler~ seconded by Councilman Hartman~ and adopted to authorize the Mayor to write a letter to the district setting forth the City Council's opposition to the selection of the Fruitvale site as a junior college campus. Motion carried by roll call vote: AYES: Councilmen Glennon, Hartman, Tyler NOES: None ABSENT: Councilman Burry :~3STAINING: Council- man Drake. D. DEPARTMENT HEADS AND OFFICERS School (1) The Director of Public !~orks submitted a progress report on the school Traffic pedestrian traffic safety study and indicated that the full report will Study be completed in the near future. (2) Councilman Drake stated that he is still receiving complaints regard- Regan Lane ing the traffic in the Regan Lane area and ~r. Henley advised that Traffic the matter has been referred to Chief of Police Ball and a report is expected soon. Select (3) Mr. Huff reported, for council information, that the City has received a resolution from the I{ighway Cor~mlssion approving the St.System City's recently proposed Select Street System. Tr.2803 (4) It was moved by Councilman Hartman, seconded by Councilman Tyler, Accept. and unanimously adopted to accept the improvements in Tract 2803, Const. Quito Oaks~ for construction only, as recommended by the Director of Public Works. SDR-253 (5) Upon the recommendation of the Director of Public Works, it was Bond moved by Councilman Drake, seconded by Councilman Hartman, and Release unanimously approved to accept the improvements constructed on Oak Street in connection with SDR-253 and authorize release of the $1175. Improvement bond. -4- E. CITY AD~.~NISTRATOR Res.199 Gas Tax (1) It was moved by Councilman Herman, seconded by Councilman Tyler Funds and unanimously approved to adopt Resolution No. 199, certifying the Report report to be forwarded to the Division of Highways on the expenditure of Gas Tax funds. Release (2) It was moved by Councilman Hartman, seconded by Councilman Tyler, and House Moving unanimously adopted to authorize the release of the $5,000 bonds Bonds - Kelly posted by Mr. Charles Kelly and by Mr. Charles Elkins for house & Elkins moving projects which have been completed satisfactorily. Stop Signs (3) Mr. Hanley reported that the Chief of Police has recomP~nded the Prospect installation of stop signs at the intersections of Prospect at Road Kristy Lane, Miller Avenue, Saraglen Drive and Covina Court. After discussion, the Mayor directed the staff to prepare the necessary formal resolution establishing the stop intersections as recommended. VII CO~.IUNIC~3IOMS A. WRITTEN C.Johnson- (1) A letter from Claribel Jehnson regarding possible City acquisition Presbyterian of the Presbyterian church facilities at Cox Avenue and Paseo Church Presada was referred to the members of the City Council for consideration and future decision. Los Gatos (2) Mr. Henley reported that a request has been received from the Los Com. Theatre Gatos Com~.unity Theatre Association for the use of the council request for chamber facilities and that he had advised them that the ~anagement council Committee is currently studying the question of future use of the facilities building by other agencies and that he would further advise them use as soon as Council policy regarding such use has been established. Prop. 17 (3) With no obj setion, Mayor Glennon directed that a request from Senators Burns and Mc Carthy regarding the council's position relative to Preposition 17 be filed. Sheriff's (4) The Council received copies of the monthly report from the Sheriff's Dept. Department and Mr. Henley pointed out that the n~mber of traffic Report citations issued has more than tripled as compared ~ith the same month last year, which would indicate that stepped-up efforts are being made to control traffic within the City. Juvenile Mr. Joseph Marker asked if the City staff would investigate the traffic possibility of arranging to have j~veniles who have been cited for citations traffic violations spend some time with the Deputies on duty as a means of educating them to the need for safe driving habits. Mr. Henley indicated that he will check this out with the Sheriff's Department. B. OPJtL (1) Mr. Clevanger of Van Vleck Realty, representing a prospective Request purchaser of Lot 181 in Tract 1489, requested a right of access for access to Cox Avenue from the rear of the lot. He explained that although to Cox Ave. access to the house is from Idelwood Lane, the buyer o~ns a camper- Lot 181 pickup which he would like to keep in his back yard and there is no Tr. 1489 space to provide a driveway to drive the camper from the present access to the rear of the property. After discussion, Mr. Clevenger was advised to present his request to the Planning Comfaissicn for study and reconnendation to the council. VIII ADJOU~r~.~NT It was moved by Councilman Drake~ seconded by Councilman Hartman, and unanimously approved to adjourn the meeting at 11:35 P. M. Respectfully submitted, WtLLtA_M C. H~EY, CI~ CLE~/