Loading...
HomeMy WebLinkAbout12-02-1964 City Council Minutes SARATOGA CITY COUNCIL 0F MIN ES TIME: Wednesdays December 2, 1964 - 7:30 PLACE: City Council Chambers~ 13777 FrUitvale Avenue~ Saratoga, California TYPE: Regular Meeting ~ ORGANIZATION Nayor Glennon called the meeting to'order at A. ROLL CALL Present: Councilmen Glennon, Drakes tiartman~ Tyler~ Burry Absent: None B. MINUTES It was moved by Coude~lman Burry, seconded by Councilman Tyler, and carried unanimously t6 waive the reading of the minutes of the meeting of November 18, 1964s and approve the minutes as ~ritten, II BIDS AND CONTRACTS A. BIDS - CHESTER AVENUE. iMPROVEMENT BONDS Mr. Nanley reported ~h'at six bids had been received for sale of Chester Chester Avenue improvement bonds i~ ~heamount of $81~3~9.00~ with an average AVe interest cost rangi~nglfrdm 3~9~75% to 4.4131%, The lowest bidder was Imp, First California Company at a rate of 3.9575Z and the Clerk recor,-~nded Bonds that the bid be accep~&d~. COUnCilman Drake moved; seconded by Councilman Hartman, that the bohds ~e Sold to the low bidder~ First California Companys unanimously carried and sO ordered. The Clerk presented two resolu~ions, Nos. 214 and 215. He explained that Res, Resolution No. 214 was a routine resolution determining the unpaid assess- 214 & ments and prov.iding for issuing of bonds to cover s~-~; and Resolution 215 No.215 is a formal resolution awarding the sale of the bonds to the lowest bidder. Motiod by Councilmen Tyler; seconded by Councilmen Burry, for adoption of RaS01utions Nos. 214 and 215~ unanimously carrieds subject to approval of f6rm by the City Attorney. B. COX AVENUE BRIDGE CONTRACT - FINAL REPORT The Clerk reported..that the Stat~'.Dlvision of Highways' had approved the award of the bid to'A~ E..'Muilin of Mr, View, 'the low bidder on the Cox - AVenUe griage project, Afte~ re~iewing the .bida and discuS'sing the engin- Co~ AV~ eering ~onsult~nts~ analysis of {he projeC~ ~bey concluded .that it was Bridge best tO ~oeeed~ Mr. =~anley fu~.~her reported. that the Flood.Control District has indicated t~at ~h~ V0Uld beint&~eated aud.~{lling ~o pay for approximately $5s000 in rip-rap in cOnneCtion with th& {nstgl!ation.0f the bridge and we are in the process of preparing a draft of aii agreement whereby the District ~ould absorb the cost of the rip-raps if authorized by the Board of Supe~visors, The Director of Public Works indicated the ~ork would begin as soon as the contracts were signed and Cox Avenue ~ould be open at all times during the ~ork~ detouring around the bridge. The estimated completion date is April 1st, III ORDINANCES, PETITIONS, AND FORMAL RESOLUTIONS A. ORDINANCE NS-3,7 - SECOND READING The Clerk presented Ordinance NS-3,7s an ordinance amending the Zoning Ordi- nance relating to accessory structures in rear yards, signs in couauercial Ord, districts and standards on design review for residential districts for the NS-3,7 second reading. This ordinance was introduced at the meeting of Nov, 4th and deferred for changes; publication will be accomplished after the second reading. Motion by Councilman I)rakeI seconded by Councilman Hartmen, for adoption of Ordinance NS-3.7 as presented for second readinEl uuani~ mously carried and so ordered. B, ORDINANCE NS-3-ZC-23 , SECOND READING The Clerk presented Ordinance NS-3-ZCi~3, an ordinance r~zo~ing a 6,944 acre parcel of laud located on the. Sodth side of Douglas' Lahe, approximate, Ord~ ly 1000 feet west of Fruitvale AveDue ~rom A to R-I-40,000, owned by NS-3- Robert Plane, for the second reading. This ordinance was ,introduced at ZC~23 the meeting of November 18th under Application C-TY, public hearing. Pla~e Councilman Tyler moved for adoption of Ordinance NS-3-ZC-23on the second reading; seconded by CounciJmnn Burry, motion carried unanimously. C. ORDINANCE NS-3-ZC-24 - SECOND READING ordinance NS~3-ZC~24, an ordinance rezoning approximately 5 sc~es of land Ord, on Walnut Avenue,from R-1-12,500 to R-M-5000-PC, Maxma~ Investment Company, NS-3- was presented for Second reading. ZC-24 Maxmar Stanley Walker, ~ianning Director, stated that a s~tuation has arisen re- garding fio0d control and creek alig~nt along th~ Maxmar property where considerable wdrk is needed for full utilization Of the iand in ~he plan as approved by ~he Planning Commission. The FlOod ContrOl. District recom- ~nds that the C6uncil write a request for increased pri6rity for this work to their Commi~'ion, aince it requires extensive work in the creek channel filling in all the Maxmar side and possibly taking out a portion of the bank on the othe~ side, retaining walls and removal of trees. The matter was deferred, after discussion, until later in the meeting, giving the Public Works Director, Planning Director and City Attorney the opportunity to donfen on the matter. IV SUBDIVISIONS AND BUILDING SITES A. SDR-531, George Akers, E1Camino Grande The Clerk re~d the memo of recommendation frdm the Planning Director and SDR 531 the report,OE the Planning Commission Subdivision COmmittee dated Nov. 23. Akers Mr. Harry Au~adk, engineer for Mr. Akers, spoke to She CoUncil, requesting reconsiderA[iO~ of Condition IIB of the Building Site ApprdVal requiring provision ~ 26 foot pavement~Wi~h curb and gutter on 40 foot right of way for entir~ length. of stre~ within the property. The applicant requests permissio~ fo~=an 18 foot minim~unaCCes~ road because of the need for what he considers tO be ekcessi~e fill in the U,aSe 0lone lot of this subdivi- sion. T~e fiii in question ~s on t~e 5lind side ~of [he ~0ad ahd wduld be offensive to no one except the owne~ of the lot in qu~stio~. The Planning Comm{ssion recommends denial of the request on the basis of the need stressed by the Fire Marshal for adequate access in case of fire or o~her emergencies. Also, the Commission feels the requirement for curbs and gutters imperative due to the slope of the roadway. Mr. Akers based his request for reconsideration on the ground that the fully improved street within the property would be separated from the nearest public right of way by 600 feet of minimum access road. The Mayor directed that the matter be referred to the Planning Committee for on-site inspection and study and report at the next meeting. B. SDR-348 - Goodwin B. Steinberg .- SDR-348 Councilman Drake moved the adoption of the recommendation by Mr. Ruff Steinberg that SDR-348 Improvement Bond in the the amount of $2,000 be released since the application has been withdrawn; seconded by Councilman Hartman; motion unanimously carried. C. SD-205, Tract 2788, Acceptance of Streets It was moved by Councilman Burry; seconded by Councilman Tyler, and unani- Tract mously carried, to adopt Resolution No. 36-B-49 as recommended by the 2788' Director of Public Works, accepting the streets in Tract.2788, Rossmere Court, for maintenance and releasing. the bond :pgStedo -2- D. SDR-462 - A~ .~ho~as Barrie~ One Lot, Pierce Road The C~erk reported t~at :all the bonds had been posted, fees paid, and conditions m~t on th~ Building Site of one (1) lot on Pierce Road for SDR~62 A, ~hOma~ Barrie~ After d~eussion of Condition C of the Building Site Bartie Approval~ re~ommenda~ion of ,a turn-around as opposed to running a minimum acdeas r6ad~aCk into the propertys Mr. ~alker stated that either way would satisfy tha ordinanCe~ Councilman Hartmen moved; seconded by CounCilmen Tyleri for approval of SDR-462~ subject to submission of the Record of SurVey; motion carried and so ordered. V. PUBLIC HEARINGS ~ 8:30 P.M. A. BENEVENTO ANNEXATION The Cler~;rep0rted that no written protests had been received with respect to the, pr6posed annexation of 17.6 acres located off Prospect Road between Blue Hills Drive and SCelling Road. Mayor Glennon declared the public hearing opened at this time and asked for anyone present to speak for or against the annexation. Mr. Jim Cole of MacKay & Somps appeared in behalf of Mr. Benevento. Re Benevento described ~he area to be annexed as a rolling hills araa which is planned Annex- tO be developed as an ~cre zoned subdivision which fits in with the Sara- ation tbga Genera1 Plan for the area. ~ Benevento appeared and stated he would a~preciat& very much the Countlisa approval of this annexation. Mayor Glennon ordered the files On ~he annexation introduced to record. it was moved by Councilmen Drake; Seconded by Councilmen Herrman to Close the public hearing; moei0n carried and so ordered at 8:40 P.M. The City Clerk reported that the Planning Committee had studied and re- Viewed the r~quest for annexation and recommended ies acceptance. They determined this is the type of development appropriate to the area and would be consistent in ~haracter ~ith the rest of the community in that vicinity. The Planning Committee recommended that this area be consid- ered for annaRation; petitions were presented to Local Agency Formation C~mmiSSion and approvedl boundaries were approved; and it was referred back to 'the CoUncil which passed a resolution setting December 2ha as the time of public hearing. In discussion of the road maintanance involved ~n the annexation, Mr. Cole stated tha~ there was a frontage On Prospect Road of approximately 800 ft. to be brought up to City stana~d~ ~efore acceptance and that par~icular part has just been resurfaced b~ She County so p~esents no immediate ma{ntena,ce ~r0~l~ It was moved by Councilmen Tyler; seconded by CounCilman Burry~ tha~ Resolution No. 216, a resolution establishing lack of majority protest on Annexation "SAR 1966-1' be adopted; motion unanimously carried and Mayor Glennon directed that the record show the introduction of Ordinance No. 20-1 and it was read for the first time by the City Clerk. Recess: 9:00 P.M. Reconvened: 9:15 P.M. IIIC ORDINANCE NS-3-ZC-24 - aMa~nt.r Investment Company (Continued) The City Attorney stated that, under conditions of reclassification on Page 2~ the developer is required to complete all improvements as shown on his site development plan within two years from date of ordinance. Ord. Apparently part of his site development depends on the creek work planned NS-3- by the Flood Control District and he wants to go on record as requesting ZC-24 the Council approval of higher priority on this project by the Flood Con- Naxmar trot District or alloy extension of ~he two year period of time for that particular portion. He recommended that the'ordinance be passed at this time with no conditions and the Council request the Flood Control District giving higher priority to this section of creek work. C. ORDINANCE NS-3-ZC-24 ~ Maxmar Investment Co. (Coat,) Don Currlin, Manager-Counsel for the Flood Control District, appeared to state that work on the lower portion downstream could be commenced i~wned- iately but the upper portion.requires extensive work, including the possible acquisition of the property on the opposite side of the creek from Maxmar. He stated that work should be done doomstream to the Squirrel Hollow area for maximum protection for the area. The Council questioned Mr. Currlin as to what trees would be involved in this work, require removal, etc., and discussed a site inspection to determine the most effective approach. Ord Mr. Currlin said the Flood Control District had submitted three alternative NS-3. alignments and the Planning Com~nittee had approved Plan #3s takin~ equal ZC-24 properties on either side, Planning Commis~ioner Norton was present and Maxmar remarked that the subdivision map with the number of units is now on file and cannot be changed, so there was no question of Maxmar acquiring addi- tional units on land protected~by accelerated work on the creek. Motion by Councilman Hartmen; seconded by Councilmen Burry; to adopt Ordinance NS-3-ZE-24 with no conditions regarding the work required on the creek; motion carried unanimously. Mayor Glennon called for action on the matter of the COuncil requesting priority for this project of the Flood Control D{strict~ Councilman Hartman moved; seconded by Councilman Burr~ for drafting of a letter to the North Central Zone Advisory Committee 6f the Flood Control District requesting a higher priority for the work suggested fo~ this portion of the creek; motion carried unanimously and so ordered, Councilman Hartman will report at the next meeting on the creek alignment in this area. VI ADMINISTRATIVE MATTERS ~AYOR The Mayor reported on a letter from Dr. Hall of the West Valley Junior College in reply to the Mayor~s letter requesting location of all sites considered as possible ce~puses for the new junior college and criteria West regarding such sites. He stated that he lad received a cover letter at- valley taching a sizeable reports therefore, he had written Dr. Hall again request- Jr ing a copy of the resolution passed in October and read his letter to the College Council. The Mayor also stated that in studying the costs of land involved, he had recommended to Dr. Hall that the Black Road site could be purchased at a considerably less sum than the land available on Fruitvale Avenue in Saratoga. The Mayor Said he will report further at the next Council meeting. B. FINANCE (1) Payment of Claims Pyment Motion by Councilmen Drake; seconded by Councilman Burry; and unani- of claims mously carried, to approve the disbursements on the list dated December 2, 1964 for a total amount of $27,921.80, and authorized that warrants be dra~rn in payment, C. COUNCIL COMMITTEES (1) Report on Youth Center Proposal by Planning Committee Councilman Hartmen read the Planning Committee report dated November 30, 1964~ containing six reconnendations of the COmmittee after holding a number of meetings with the representatives of Youth Saratoga Youth Center and the Los Gatos-Saratoga Recreation District Center with regard to providing a recreatlonal building for the young people of Saratoga on the Civic Center site. Ken Marts~ Mrs. Sithey and ~ren Sturla, members of the Saratoga Youth Center, Inc., represented their organization, stating their views and efforts on behalf of the drive to build a recreation build- ing on the Civic Center site for the primary use of all the youth of Saratoga. (1) Report on Youth Center Proposal by Planning Committee (Continued) Considerable discussion ensued as to the conflicts of parking in the evening fox' events in the Civic Center Auditorium and what parking Youth facilities would be provided by the youth center construction. The Center Council also pointed out a series of problem areas that would have to Proposal be resolved by the terms of specific contracts and urged careful pre- (Cont) planning of all cost factors. It was moved by Councilman Drake that the report of the Planning Com- mittee dated November 30, 1964 be accepted as a basis for proceeding to work out detailed agreements with the Saratoga Yout~ Center, Inc. and the Los Catos-Saratoga Recreation District for a youth facility on the Civic Center site; seconded by Councilman Tyler; motion unani- mously carried. (2) Councllmon Hartman read the Planning Co-~ttee report dated Rear Yd December 1, 1964, on rear yard fencing facing on major streets, Fencing, Saratoga Avenue widening plans and the design for Blaney Plaza. Sara Ave, Blaney Plaza Councilman Hartmen moved ~hat the staff be instructed to obtain prices in. an'attempt to move the Italian pine tree in the plaza for the Highway 9 improvement; seconded by Councilman Tyler; motion unanimous- ly carried and so ordered. (3) Report on Santa Clara County Water Commission Councilman Hartman repor~ed that the Board of Supervisors had adopted Water a recommendation of a minority of the Ag~icdltural. Co-~n!ttee with Cor~mission regard to~blicy on. the metering of agricul~ural wells against the Policy advice and recommendat~0n of the Water Connission, He pointed out on Wells that the continued effecti~eness of the ~ater Comnission as an a~ ~isory bod~ to She Board Of SuperVisors On ~ae~r p01icy was extremely important and *eque~ted ~he Couhcii to a~thqrize the M~ydr to.~ri~e to the Board of Supervisors, urging rec~nsiderati0n by the Board of its newly adopted policy on metering of agricultural wells and adoption of a progr§m consistent with the recommendations of the Water Conission, Motion by Councilman Hartman authorizing the Mayor to transmit such a letter to the Board of Supervisors; seconded by Councilman Tyler; motion carried and so ordered. (4) Thelma Avenue Assessment District CounciI~an Burry reported on the Thelma Avenue Area Assessment District He stated that an average of 64% of the residents involved in this area favor the proposed street improvement. Motion was made by Thelma Ave. Councilman Burry; seconded by Councilman Hartmans that the Council Assessment adopt the general policy approving the principle of using gas tax Dist, matching and storm drainage funds to match local assessment funds to finance improvement projects that include streets in the select system; motion unanimously carried, It was moved by Councilman Burry and seconded by Councilman Tyler that the Council request the bonding attorneys to prepare the nec- essary resolutions initiating the formation of the Thelma Avenue Assessment District as sho~n on "Exhibit A' of the Committee Report dated December 1, 1964; motion carried and so ordered, Mayor Glennon tomended the Management and Finance Committees for their efforts in directing the building of the Council Chambers. D. DEPARTME~ HEADS AND OFFICERS (1) Director of Public Works James Huff reconnended acceptance of streets in Tracts 2970 and 3143 Resol, for maintenance, Motion by Councilman Drake; seconded by Councilman 36-B-50 Burry; adopting Resolution 36-B-50~ accepting dedication of streets in Tract 2970 for maintenance and release of bond; motion carried unanimously. -5- (1) Direct f Public Works (Continued) Reeol. Motion by C0unCi~man Drake; seconded bY Co~ilmah Burry; adopting 36-B-51 Resolution 36-B-51, accepting dedic~tion of ~treets in TraCt 3143 for ma/ntanance ~nd release of bond; motion carried and so ordered. (2) City Attorney Faher Johnston, J~. reported that the Haven NUrsery h~d stipulated to a judgement against them without 8oing to ~ourt. The nursery was Haven allolqed one year maximum to remove ~!ants. n0W.i~ the ground; the Nursery Court provides if] ~ll stock and appu~tenanUes are not removed within the allotted time~ the Sheriff~s office will take possession of the nursery and effect the removal. (3) City Clerk The Clerk report~d~that a Public Hearing is~ see for December 8th at Half 2:00 P.M. on the annexation of half streets~ 'pOrtions of southern half Street of Prospect Road and portions of western half Of Qui~o Roads to the Annex. City of Saratogas b~fore the Local Agency FormatiOn Co-.-~ssions and that the City has nO legal basis for challenging the annexation since it is within the powerof the Hoard to request the annexation of streets that are left in the County between t~xo cities. The Clerk requested authorization to sign a Right of Entry to the Plaza County for that portion of the Plaza area affected by Highway 9 Right of construction. The Council agreed on the condition that the Italian Entry pine tree not he touched by the workmen and the ~0nStruction crews remove only what is agreed upon. Motion by Counc.ilman Hartman; seconded by ~oUncilma~ Tyler; granting authority to sign Right of Entry to City Clerk; ~otion carried unanimously. Leave of Motion hy Councilman Drake; seconded by Councilman Tyler; approvlng Absence request for medical leave of absence for Milla Dean Rothliebergers Deputy City Clerk, for a period of eight weeks ~eginning December for surgery; motion nattied unanimously. City Clerk requested au~ho~zation to exeCUte Notice of completion on 'Notice of council Chambers as SOon as tnstalla~ion of final hank of lighting is Completion completed. Mo~fbn ~an~ing this authority by Councilman Drake; se- Council Ch. ~onded by CoUnCilman Hartman; motion carried and so ordered. Council Ch. The City Clerk presented the reservations list for the projected use Reservations of the Council Chambers through June 15th of next year to the Council for their information. Quite (4) Motion by Councilman Hartman; seconded by Councilman Burry, authoriz- Road ing Director of Public ~lorks to file Notice of Completion on Quite Rip-Rap Road rip-rap; motion carried unanimously and so ordered. VII COlelUNICATIONS A. WRITTEN (1) The Clerk read a letter from Mr. Douglas M. Adams appealing storm SDR-42~7 drainage requirements for a two lot building site on Lemita Avenue, SDR-4~7. The matter was referred to the Public Works Committee for report at the next meeting. Storm The Clerk presented the completed Storm Drainage Master Plan by Pisano Bros. DBain to the Council and stated that this report has been a long time in the tom- Plan pletion but will be of real value. The Mayor acknowledged the presence of Dr. Norton, representing the Plan- ning Commission and thanked the Good Government Group for their hospitality in serving refreshments to the a.udience~ Council and staff. IX ADJOURNMENT It was moved by Councilmen Drake; seconded by Councilmen Hartman; and unanimeusly carried to adjourn the meeting at 12:00 A.M. ., :!.,,;, X.: