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HomeMy WebLinkAbout01-20-1965 City Council Minutes SARATOGA CITY COUNCIL SUMMARY OF MIN~]TES TIb~: Wednesdays January 20, 1965 - 7:30 P.M. PIACE: City of Saratoga Council Chambers, 13777 Fruitvale Avenue~ Saratoga~ California: TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:30 P.M. A. ROLL CALL Present: Councilmen Glennon, Hartman, Burry, Tyl. ar Absent: Councilman Drake B. MINUTES- It was moved by Councilman Tylers seconded by Councilman Burry; to waive the reading and approve the minutes of the meeting of JanUary 6, 1965 as mailed; motion carried unanimously. II BIDS A~ CONTRACTS None III PETITIONS, ORDINANCES AND FORMAL RESULUTIONS A; RESOLUTION NO. 220 ~ APPOINTING ENGINEER FOR TNELMAAVENUE ASSESSMENT DlSTRICT PROJECT Res. The City Administrator stated Res~lution No. 220 provides for appoint- 220 ment of the Director of Public Works, James R. Ruff, as Engineer of work Thelma for the Thelma Avenue Assessment District project. Study of proposals Ave. from three engineering organizations reflected schedules of fees for a project of greater complexity than the Thelma Avenue project and appoint- ment of the Director of Public Works offers maximum service at a minimum cost. Mr. Huff would supervise engineering and drafting with field work being performed by the firm of Jeunings & McDermott~ at a per diem rate. He estlmated it would require weeks of clerical timeo It was recommended that the Director of Public Works be appointed Engineer of work and that should the City staff work- load prevent carrylng out design and drafting, the firm of Jennings and McDermott be called in to pc=form additional work at the per diem rate. This appointment has been approved by Mr. K. Jones of Wilson, Harzfelds Jones & Morton. Motion by Councilman Burry for adoption of Resolu- tion No. 220; seconded by Councilman Tyler; motlon carried and so ordered. B. ORDINANCE NO. NS-3-ZC-25 - C. W. NRALE- C~80 - CFANGE OF ZONING The Clerk presented Ordinance No. NS-3-ZC-25s an ordinance amending Ordinance NS-3 by amending the Zoning Map to fezone property at the Ord. northeast intersection of Highway 9 and Saratoga Creek frem K-M-4,000 NS-3-ZC-25 (Multiple Family) to Conditional C-C (Conditional Community Commercial) C.W. the application of Clarence Neale, C-80~ for a second readln~. There Neale being some question by the Council with respect to the exact meaning and effect of the conditions included in the ordinances with no objection, the matter was deferred until later in ths meeting for consultation with the City Attorney. C. RESOLUTION NO. 221 - ADOPTION AND SUBMISSION OF BUDGET FOR EXPENDITURE OF STATE ALLOCATED GAS TAX ENGINEERING FUNDS The Clerk stated Resolution No. 221 approves budget for 'the use of the portion of gas tax funds in the amount of $4,000 which is utilized by Re,. the City for engineering purposes on City streets. He said this is an 221 annual request fors~bmiss~on to the S~ate. Councilman Hartman move~ adoption of Resolution No. 221; seconded by Councilman Tyler; motion carried unanimously.+'~, IV SUBDIVISIONS AND BUILDING SITES A. RESOLUTION NO. 36-B~55 - ACCEPTANCE OF STF~ETS, TRACT 3219 Reso The City Administrator read a recommendation from the Director of Public 36-B-55 Works for acceptance of the streets in Tract 3219, Montewood, and release Tr 3219 of bond° Motion by Councilman Hartman; seconded by Councilman Tyler; for adoption of Resolution No. 36-B-55; motion carried and so ordered° V PUBLIC HEAI[tNGS None III B. ORDINANCE NO. NS-3-ZC-25 - C. W. NEALE, C-80 - REQUEST FOR REZONING (Co~) The Clerk stated some questions have arisen with respect to effect of conditions attached to this conditional commercial rezonlag, One queq- tion involves whether these two conditions allow for or do not allow for establishment on the site of more than one art and antique shop in con- nection with the development of the property. He stated that he and tile Planning Director had conferred with b~, Neale and after discussion~ it C.w. was clear that his intent could well involve the establishment on the Neale. site of one, two or three related art and antique shop activities, not Ord NS- necessarily run by him, but run by lease of the premises from him. With 3-ZC~25 that in view, it was his conviction that this proposal should be called C-80 to the attention of the Council so that any misunderstandings could be resolved at this time. To the question as to whether or not there were any restrictions placed on the house on the property, the City Attorney replied that it may be, but does not necessarily have to be, used for residential purposes. Under the present restrictionss the house could be used for an antique shop or related use thereto after design review and compliance with building code standards. Design review would not be very effective, since he would not be starting a new building. The City At- torney said there was a change in the language in the ordinance as sub- mitted for the first reading but the Council could accomplish action by clarifying the wording of the ordinance during a brief ~ecess. The matter of Application C-80 was continued until later in the meeting, to afford further study of the ordinance by the City Attorney. VI NEW BUSINESS A. C-~5 - MARGARET CARNIEL ET AL, SARATOGA-SUNNYVALE ROAD CHANGE OF ZONING FROMR-l-12,000 TO P-A The request for change of zoning from R-1-12,000, Single Family Residen- C-75 tial to P-A~ Professional Administrative, for Margaret Carniel, et al, Carniel Saratoga-SunnFale Road, was presented to the Council with a recommenda- tion for denial from the Planning Commission. There being no comment from the audience, a motion was made by Councilman Burry; seconded by Councilman Tyler, to approve the recommendation of the Planning Commission dated January 12, 1965, for denial of the application, C-75, for change of zoning; motion carried and so ordered. VII ADMINISTRATIVE MATTERS A. MAYOR The Mayor announced that he had requested Theme }{ayes of 21120 Sullivan E0C Rep. Way, Saratoga, to represent Saratoga on the Economic Opportunity Comis- sion Advisory Board and report back to the Council. Three Planning Commissioners' terms of office were terminated on Planning January 22, 1965 and the Mayor reported that two Commissioners had Comm~rs consented to reappolntment. Planning Commissioner E. W. O*Rorke being Oath unable to be present, the Mayor administered the oath of office to Frederick G. Crisp and James A. Wright, with their terms to expire o~ January 22, 1968, Charles R. Glenn declined reappointment because of ill health. Recess: 8:15 P.M. Reconvene: 8:45 P.M. III B; ORDINANCE NO. NS-3-ZC-25, C. W. NEALE, C-80 (Continued) biscUssion resumed as to the effect of the conditions of this proposed rezoning. William Higgins, Brookwood Lane, inquired as to whether or not the applicant would be limited to one use of the building. The City Attorney said it could be any number of art or antique shop uses, whether leased or net. Mrs. Dorothy Webb, attorney for Mr. Neale, cormnested that her client would certainly take advantage of having different kinds of C; W. art and antique shops in the building and had planned to lease part of N~!a the building for this type of use, in fact, it would be necessary for Ord, financial reasons. The Mayor confirmed with the City Attorney that, as NS~3~ZC-25 the ordinance wording now stands, the applicant could not only use this C180 land for art and antique shops for himself, he could also lease to other people conducting the same kind of business and the house could be used for the same purpose as well as a residence, if adequate parking were provided. The City Attorney suggested that the conditions could be writ- ten to say that the house shall be used as a residence only, but the applicant would have to agree to this. Planning Commissioner Crisp was p~esent and agreed that there was merit in re-examination of the matter by the Planning Commission. Upon advice from the City Attorney that the matter would not require another public hearing if no substantial changes Were made in the rezoning, Councilman Uartman moved; seconded by Council- man Burry, that the request for rezo~ing, Application No. C-80, be passed back to the Planning Commission for clarification of the conditions; mo- tion carried unanimously, and Mayor Glennon ordered the matter referred back to the Planning Commission, with consideration being given the applicant in the matter of reviewing the conditions in time for the Counnisslon to act upon it at its meeting scheduled for January 25th. VII ADMINISTRATIVE MATTERS (Continued) B. FINANCE (1) PAYMENT OF CLAIMS Councilman Burry moved payment of claims on the listed dated Janu- Claims dry 20, 1965~ in t he amount of $35,369,09, be approved and author- izing that warrants be drawn for the same; seconded by Councilman Tyler; matins carried unanimously. (2) The Treasurerfs and City Clerkis Financia~ Reports for December 1964 were accepted as presented to th~ Council, C. COUNCIL COMMITTEES Councilman Tyler reported that the Management Committee had met to con- sider the proposal by the First Valley Bank to pay an additional 1/8 of Time 1% interest on six month and one year time deposits if the City would Deposits transfer its active checking account to that bank, The Management Com- mittee recommended that no action be taken at this time to transfer City funds for this purpose but that the proposal be kept under advisement for reconsideration in the near future if circumstances warrant, D. DEPARTMENT HEADS AND OFFICERS (1) PLANNING DIRECTOR Mr. Walker stated that a situation had arisen regarding Lot 66 ~n Tract 3101~ in which the owner had reached the building stage be- Marek ,. fore realizing that a slope easement covers a substantial portion of Lot 66 the. lot;that he proposes to build a house on an existing pad that Tract 3101 would be outside the easement and a detached garage and a pool which would lie within the easement, and this can only be accomplished by the Council granting a variance. Councilman Tyler moved that a variance be granted to Keith Marek for Lot 66, Tract 3101, subject to-the site grading plan being approved by the Grading and Excavation Committee; seconded by Councilman Burry; motion carried and so ordered. E. CITY ADMINISTRATOR The City Administrator stated the 1964-65 Budget listed $11,500 for pur- chase of a four-wheel drive Loader for use by the Public Works ~ ':'- maintenance creu, .. Three bids had been submitted on a used loader and seven bids ~.mre received on 3 ~ew !osder, Based o~ ~av.l.ew of the E. CITY ADMINISTraTOR (Continued)' and requirements, the Director of Public Works recommended purchase of a used Michigan Loader No. 55A~ for a prl~e of $10,774.40. There would be an additional. S1809.00 cost for a fcur~in~ne bucket, but this is not sential at this time and further recommendation will be made for the Michigan 1965-66 Budget. ~xe low bid on ~ new machine was made by Case Company Loader at $12,866+, including the four-~n-one bucket, but it was felt that Case purchase equipment was'not as powerful and effective in use as the Michigan loader° A new Michigan loader is priced at about $14,400. Mr. Henley said the Michigan loader could be used for eight or ten yea~s for the purposes of ~he City maintenance crew On loading jobs and that the crew now has two men who are capable of operating the Loader° It was moved by Councilman Hartman; seconded by Councilman Tyler~ to approve the recommendation of the City staff for purchase of the Michiga~ Loader for $10,774,40; motion carried unanimously. At Councilman's Hartman's request and recognizing that the five-year Street cycle of normal street repair and maintenance has been essentially repair pleted~ the Mayor suggested that cost estimates and priorities for major street resurfacing projects be prepared for budget time. The City Administrator stated that the joint meeting scheduled for repre- sentatives of the Planning Commission and the Cit~ Council on how to treat subdivisions abutting major streets, would have to be rescheduled because of the anticipated absence of several of the participants. A petition was presented from four residents of Ethel Ann Way, Saratogas requesting that ehe street name be changed to Cody Lane, in honor of Ethel Mr..L.R. Cody~ former AgricultUral Commissioner for Santa Clara County Ann Way and well kno%m entomologist in this area. The staff was directed to de- St. Name termine the attitude of the other residents on Ethel Ann Way to this Change proposed name change and report back to the Council. The 1964 Saratoga BUilding Activities Report was accepted by the Council? VIII COMMUNICATIONS A. WRITfEN (1) The Clerk read a letter from John E, Theme regarding the extension' of Ted Avenue. It was the opinion of the Council that this matter Ted Ave. had been fully considered previously and it w~s moved by Councilman Extension Tyler; seconded by Councilman Hartman, and unanimously carried~ au- thori~ing the City Administrator to write to Mr. Themes transmitting this information. Councilman Burry abstained from voting in this matter since he was unfamiliar with the subject. (2) SDR-537 - RAY C. JONES The Clerk presented snappeal from R. C. Jones to Conditions 5s 14~ SDR-537 15 and 22 of SDR-537, to be considered only as a filing of appeal Jones within the time limits set by law. The matter was referred to the Planning Commission, (3) A letter was read from the Flood Control District of Santa Clara Flood County outlining the flood control problems in connection with the Control Maxmar Investment development for senior age citizens and the City Macmar Administrator stated they were currently being studied by the Plan- ning Commission Subdivision Committee. B. ORAL None The Mayor acknowledged the presence of Planning Commissioner F. G. Crisp and expressed appreciation to the~G~Jd Government Group for serving of coffee. IX ADJOURNMENT Motion tO adjourn at 10:40 P.M. by Councilman Burry; seconded by Councilman Tyler; motion carried unanimously. RespectfUlly submitted, ,/ ms WILLIAM C. HANLEY~ CITY CLERK/