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HomeMy WebLinkAbout04-07-1965 City Council Minutes SARATOGA CITY COUNCIL SUMMARY OF MINUTES TIME: Wednesdays April 7s 1965 - 7:30 P. M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif~ TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:35 P. M. 'A. ROLL CALL Present: Councilmen Glennon~ Drakes Hartman, Tylers Burry Absent: none B. MINUTES It was moved by COunUilman Burry, sedonded by Councilman Tyler, and Minutes unanimously carried to waive~tbe reading and approve the minutes of the March 17s 1965 meetings'as written. II BIDS AND CONTRACTS A. AGREEMENT FOR GRO~DS ~AINTENANCE SERVICE AT CIVIC CENTER Civic Mr. H~nley reported that two bids had b~en received fo~ Civic Center' Center grounds maint~nanc~ services; one for $!S0. per month and a low bid of $70. Grounds per month from Green Valley Meintenance~ Inc. 14r~ Ranlay reconnnended that Maintenance the low hid he acae t d ~ndi~at~ that the matter was discussed at budget Green time last year and it was felt tba~ ~ra~uala rvice ~ould be a savinE Valley to the City as contrasted with overtime 0f regul~ per~ohn~l. It was Maint. moved by Councilnmn Drake, seconded by Councilman Burrys and eartied unanimously to authorize the Mayor to execute.de agreement with ~een Valley Maintenances Inc. for grounds maintenance services at the Civl& Center in accordance with their proposal dated March 23s 1965. B. OAK TREE SPRAYING Oak Mr. Henley stated that the Public Welfare Co-~,ittee has discussed this Tree years street tree maintenance program and recommends that the City proceed spraying - with Pied Pipers Inc. on the same basis as last year s~d that the tree 'Pied Piper spraying portion of the program be authorized now as this is the proper t~me of year for spraying. It was moved by Councilmen Tyler, seconded by Councilman Hartman, and unanimously carried to authorize the City Admini~- trator to employ Pied Pipers Inc. for oak tree spraying services at their quoted price of $4.00 per tree for 220 trees, a total for sprayin~ all major oaks on public rights-of-way of $880, C. AMRNUMENT OF AGREEMENT ~ITH SANITATION DISTRICT t~4 FOR INSTALLATION OF TRUNK SE~ER ON SARATOGA AVENUE Amend. to Agreement The City Administrator explained that this amendment would extend the With time limit for awarding bids for the installation of trunk sewer on Sanitation Saratoga Avenue until July 1s 1965, The original agreement provided · Dist.~4 for art April ls 1965~limits Mr. Henley indicated, but this extension would Sara.Ave. allew the trunk sewer at Saratoga and Cox Avenues to be included Trunk as planned under the assessment district for improvement of these sewer streets. It was moved by Councilmen Drakes seconded by Councilman time Tyler, and unanimously approved to authorize the Mayor to execute the extension amendment to the Agreement with Sanitation District ~s as read. III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS Re,. A. RESOLUTION NO. 226 - ACCEPTING OFFERS OF DEDICATION ON ETHEL ANNWAY 226 Ethel Mr. Henley indicated that although all of Ethel Ann Way has been Ann ~ay improved to City standards, one portion has not been offered for Accept. dedication and therefore this resolution would accept, for City of offers maintenances only those portions which have been offered for dedicatinn ~nd meintenance of the remeining portion would be the responsibility of the owner. The City Attorney reported that Mr, Murphy, owner of the non-dedicated portions my reconsider his position regarding street dedication, but Mr. Johnstcn recommended that the Council not withhold actionon this resolution because of this possibility. It was moved by Councilm~nl Burry~ seconded by Councilman Tyler, and' unanimously carried Co adopt ~esolution No. 226~ acceptir~ offers of dedicatiou~on Ethel Ann B. RESO~UTIONNO~ 227 - RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS Res. 227 AZULE HOMESITES IIiPROVEHENT PROJECT Dete~tnt.n~ to under- C~und!~an ~ia~Cman repertea ~hat take proposed Azule and Pike Road Assessment Districts and noted that proceed. in excess of 70~ of the area has petitioned for the ~mprovement in Azule each case. He also reported that a review of the existinn balance plus anticipated r~venues in the tityes Gas TaX Matching Fund Assess. indicated that these.t~o projects as well as the Thelma Avenue DiShrict Improvement Project can be financed b~ the time desiSn is completed and the projects are ready for constrUct!on and, therefore ~he Plannin~ do~nit~ee re~o~nds that the Council approve the necessary resolutions to initiate undertaking both of these new assessment districts. Durin~ discussion re~ardin~ procedure for formation of assessmen~ policy & districts~ basis for assessmentss percentages of area petitioninn for improvement as compared with percentsEes of property c~mers procedure involved, it was pointed outby H r, Henley that although there is re assess. ~o binding policy regarding it, the Council has indicated in the districts past that it would like to have approximately 2/3 of the area involved petition fo~ any proposed improvements. ~r. Hanley also noted that under assessment district law~sufficiency of the petition c~ only be determined by area. l~yor Glennon explained that these ~esolntions are preliminary in nature and are necessary to obtain information regarding acthal assessment costs prior to the time of public hearing on a proposed assessment district. Councilman ~art~an reported that the estimated cost breakdo~m for the A~ule Improvement area totals $129,750, of which ~43,250. would be the responsibility of the property o~mers, ~0,500 from Gas Tax and $46,000 from Storm Waters fees. It was moved by Councilman Tyler, seconded by Councilman 8artman, and unani~ously carried to adopt Resolution ~o. 227, determinig to undertake ~roceedings for the A~ule Homesites Improvement 1~ojeet, C. RESO~OTIO~ ~O. 228 - I~SO~TIO~ ~PPOI~TING ~NGI~EER Ree. A~.U~E I~ROV~I~T PROJ~C~ 228 End. & It was moved by Councilman Raftman, seconded by Co~nciln~n Tyler and unanimously ca~ied to adopt Resolution No, 228, appe;~ntin~ ~tty. A~le engineer and attorneys for the ~ule Improvement Project. D. I~SO~TIO~ ~O. Res. 229 ~tion was made hy Councilman Herrman, seconded by Cotmcilman Burry ~le - and unanimeusl~ carried to adopt Resolution No. 229, a resolution Res, of of intention to acquire and construct improvements - Asule Improvemeot Intent Project. E. I~S0~I0~ ~0. 230 - I~SO~?IO~I~I~I~G ~0 U~ER?~I~ ~ROCE~.D~S - ~es, 230 Pl~j~ ROAD ASSESSMENT DZS~IC? Res. ~es. 232 F. R~SO~OTION ~O. 231 = I~SSOLO~ION APPO~NTIN~ ENGINEER A~D A~ORNE~S = re Pike P~KE ROA~ ASSESSMENT DIS~RIC~ Rd. Asses. G~ ~O~:UTI~~ FO~ 2~2 ;~ RESO~UTI~N OP INTF~YTI~N-.~X~,.~CQU~R~ A~ CONSTR!~T Mr. Gerard of Saratoga Hills Road was advised, in response to his objection to the proposed assessment districts that the extent of the proposed improvement ex~ends to the property line of the Pike estate where it intersects with Saratoga Hills Road and that Saratoga Hills Road will not be affected by the proposed district nor will the property owners be assessed for the Pike Road improvements. Councilman Hartman reported the estimated cost for the Pike Road Assessment District would total $81~000. with $27,000 to be furnished by property owners and $54,000. from Gas Tax. It was moved by Councilman Hartman, seconded by Councilman Burry unanimously carried to adopt Resolutions 230s 231 and 232 as presented, being resolutions relative tO proposed Pike Road Assessment District. H. RESOLUTION NO. 36-B-58 Ross 36~.B-58 It was moved by Councilman Drakes seconded by Councilman Hartman, and Tr.3171 unanimously carried to adopt Resolution No. 36-B-58, accepting the dedication of streets in Tract 3171 and releasing the improvement bond. The Director of Public Works noted that deposits remain as follows: $2,000. for construction of a wallc~ay on Highway 9 and $3700. for compliance with storm drainage requirements. RESOLUTION NO. 36-B-59 Res. 36-B-59 It wasI moved by councilman Burry, seconded by Councilman Tyler, and Tr.3476 unanimously carried to adopt Resolution No. 36-B-59, accepting the dedication of streets in Tract 3476 and releasing the improvement bond. J. ORDINANCE NS-3-ZC-25-A Ord. NS-3-ZC-25.A.Mr. Henley read Ordinance NS-3-ZC-25-A and indicated that it was C.Neale prepared by the City Attorney in accordance with Council instruction C-80 at the last meeting that Condition No. 3 of the conditional rezoning Cond. for Clarence Neale (C-80) be eliminated from the ordinance to he eliminated consistent with tee Planning Commission's original intent and rec- commendation. Mayor Glennon directed the record to indicate that Ordinance NS-3-ZC-25~A was introduced. IV SUBDIVISIONS AND BUILDING SITES SDR-S30 A. SDR-~30 - MICHAEL ANDERSON Anderson The City Administrator read the Planning Commission report relative to Mr. Anderson's request for modification of Condition II.A. of SDR-530, in which the Commission, anticipating the Council's request for a recommendation, advised the Council that it has no objection to granting the request. After discussion, it was moved by Councilman Burry, seconded by Councilman Tyler and unanimously carried to approve the modification of Condition No. IS., A. of SDR-530 to allow the applicant to post a bond in lieu of improving the last 150 feet of the access road from Pike Road within the required one year period following final building site approval. This modal'ice=ion will be effective at the time the applicant files for final building site approval and the amount of the bond and the length of time for which the bond will he required will be determined at that time. B. SDR-522 -. ROBERT PLANE SDR-522 Plane It was moved by Councilman Tyler, seconded by Councilman Burry and unanimously approved to adopt Resolution No. SDR-522-1, granting building site approval to Robert Plane for one lot, consisting of approximately 7 acres, on Douglas Lane. C. TRACT 3093 - WADE HOVER Tr.3093 Hover With no objection, Mayor Gleenon referred the request of Wade Hover Storm for refund of a portion of the storm drainage fee paid in connection Drain with the develcpment of Tr. act 3093 to the P,~blic Welfare Com~+it~e fe~ for suudy and recoum~ndauio~ D. SDR-347 and ORDINANCE NS-3-ZC-8 - MEDICAL VILLAGE OF SARATOGA SDR-347 Planning Director Stanley Walker reported that the Planning & Ord. Commission has recommended approval of Dr. Ahrams's request for an NS-3-ZC-8 extension of the tentative map and the conditional rezoning for both Med. the Medical Village of Saratoga and the Professional Village of Village Saratoga. Extention F~. Halley read the request for an'extension of ~he tentative map for SDR-347 and Ordinance NS-3-ZC-8 until June 6, 1966 and noted that the area is involved in the Saratoga~Cox Avenue Assessment District and that the installation of the facilities in connection with the assessment district will satisfy some of the major conditions required of the developer° It was moved by Councilman Tyler, seconded by Councilman Hartman, and unanimously carried to approve the extension of the tentative map for SDR-347 and Ordinapee NS-3-ZC-8 until June 6, 1966. E. SDR-346 and ORDINANCE NS-3-ZC~7 - PROFESSIONAL VILLAGE OF SARATOGA SDR-346 & Ord, In accordance with the Planning Commission recommendation, it was NS~3-ZC-7 moved by Councilman Hartman, seconded by Councilman Tyler, and Proffesional unanimously adopted to approve the request of Dr. Isaac Abrams for Village of an extension of the tentative map for SDR-346 and Ordinance NS~3-E-7 Saratoga until September 1, 1965. F. SD-537 - RAY JONES SD-537 Councilman Burry reported that the Public Welfare Committee reviewed Ray Jones the opinion submitted by Attorney Joseph Bonaeina with respect to Cond.14 Condition 14 on SD-537 which requires replacement of culvert and 'backfilling of the washout on a private easement along one edge of the property. In the light of Mr. Bonacina's opinion that the City has no power to require this backfilling as a condition of subdivision approval and in the light of his further opinion that the City has no liability with regard to any personal injuries that may.result from this conditions Councilman Burry reported that it is the recou~endation of the Public Welfare Committee that Condition ~14 be eliminated from the requirements imposed on SD-537, It was moved by Councilman 'Burry, seconded by Councilman Hartman, and unanimously approved to adopt the Public Welfare Committee report and rescind Condition 14 of SD-537. G. SD-496 - TRACT 3861 SD-496 Tr,3861 Fur. Henley reported that all fees have been paids bonds posted and Final conditions met in connection with the final map for a 19 lot sub- map division on Prospect Road, The Planning Director stated that all lots conform to the minimum size and dimensions and that extensive grading plans have been worked out to provide for the placement of a dike alone the creek, retaining the natural channel as it is and preserving the trees along the creek. Street After discussions during which the Mayor, with Council approvals Name directed Mr, Walker to draft a letter of direction to the Street Committee Name Committees clarifying the Council's intent regarding the Clarification function of this Committees it was moved by Councilman Drake, seconded by Councilman Burry~ and unanimously carried to adopt Resolution No, SD-496-1, approving the final map for SD-496~ Tract 3861, V. PUBLIC HEARINGS None VI ADMINISTRATIVE MATTERS Mayor Glennon declared a recess at 9:05 P. M. Meeting reconvened at 9:20 P. M. A. MAYOR WILBUR .SMITH TRAFFIC ACCESS STaY RELATIVE TO WEST VALLEY JUNIOR Wilbur COLLEGE DISTRICT SITE AT FRUITVALE AND ALLENDALE AVENUES Smith Traffic Mayor Glennon outlined the street improvements recommended in Wilbur Access Smith's traffic access study to be constructed to serve the proposed Study West Valley Junior College campus at Fruitvale and Allendale Avenues. He further reported tha~ t~e total cost of the recommended street improvements, apart from the Saratoga Avenue widening currently under final des~gn~ is estimated at $542s400, IIe pointed out that this amount would cover the costs of improving Fruitvale and Ailendale West Avenues to the standards recommended and the cost of the recommended Valley special treatment of the SaratogaoFruitvale intersection. Of this Junior amount the Mayor indicated that it was possible for the Junior College ~ College Board of Trustees to assume the burden of improving those Wilbur portions of Fruitvale and Allendale Avenues abutting the campus, Smith at a total estimated cost of $221,800. thus leaving the City with Traffic the responsibility for improvements amounting to $320s600o A~cess Mitchell Baird of Wilbur Smith and Associates then presented the Study data and method of analysis upon which the report~s recommendations were based and answered a number of questions with respect to various aspects of the report posed by members of the City Council and the audience in attendance including Kenneth Zadwick, Ross Dorsa, Po J° Pasetta and Robert Lewis. In response to the questions raised it was pointed out by Mr. Baird that the basic cros~-sections for the recommended street widenings had been fore-shadowed by Livingston and Blaney in the traffic circulation element of the City~s General Planwhich'indicated ultimate requirements similar to those proposed as a result of the survey. Re also pointed out that the street design criteria were derived from a predicted relationship between day tin~ enrollment' on the campus and the number of vehicular trips generated by this enrollment in the pe~k 1/2 hour period. Since the volumes of traffic during this peak 1/2 hour period fixed the design criteria for the roadway serving the campus it was unnecesary to consider either the predicted ADA (Average Daily Attendance) or the totaI number of students including evening and part time. At the conclusion of the question and auswer period Mr. Baird formally presented therep0rt to the City Council on behalf of Wilbur Smith and Associates and it was accepted by the May?r on behalf of the City. Mr. Zadwlck asked for clarification of the cost estimate of $149,000. that had appeared in the Saratoga News and the Mayor suggested ~hat Mr. Zadwick meet with the Director of Public Works to go over the estimates so that any misunderstanding on costs might be corrected. B. FINANCE Bills It was moved by Councilm~n Drake, seconded by Councilman Burry, and unanimously adopted to approve the disbursements on the list dated April 7, 1965 for a total amount of $40,093.42 and authorize that warrants be drawn in payment. C. COUNCIL COMMITTEES Councilman Hartman reported that the Planning Committee reviewed Rovianek- selection of a Landscape Architect for landscaping services for Civic the Civic Center and r~commends that Mr. Gil Rovianek be Center retained at a fee of 10% of the cost of the work to a maximum Landscaping of $1~200,00, Services It was moved by Councilman Hartman, seconded by Councilman Burry, and unanimously carried to adopt the report of the Planning Co.~ttee and authorize the Mayor to execute the agreement with Gil Rovianek for the Civic Center landscapin~ services outlined. D. DEPARTMENT HEADS AND OFFICERS ThelmaAve. (1) Mayor Glennon~ with no objection, referred the Engineers report Eng. Report regarding Thelma Avenue Assessment District Project to the Public Welfare Committee° Monument (2) In accordance with a recommendatienfrem the Director of Bond Public Works, it was moved by Councilman Tyler, seconded by Tr. 3454 Councilman Burry, and unanimously carried to release the monument' bond for Tract 3454. q (3) Plannin~ Director Stanley Walker reported that Mr. Virgi]. Herrin~ has requested a one year extension of times with the A~136 bond to ba extended accordingly~ for providing the off-street V,Herring- parking facilities required as a condition of Design Review Approval, extension (A-136), Mro Walker explained that the request was based on the of agree. effect the proposed parking district may have with respect to the required improvements and it was moved by Councilman Hartmans seconded by Councilman Tyler~ and carried unanimously to approve the request and extend the expiration date of the Design Approval Agreement ax~ bond until March 30s 1966o (4) In accordance with a recommendation from ~he Planning Directo~ Dasign it was moved by Councilman Burrys seconded by Councilman Tyler~ Review and carried unanimously to authorize execut~pn of a Design Approval Review Approval Agreement for A~155s United Presbyterian Church, Agreement - tO provide that 52 of the 139 parking spaces.required in connection Ao155 with the development of the sit~ may be provided as needed at a United later date with the unders~andiuE that an adequate bond will be Presbyterian posted to guarantee the future ~nstallatlonof the rem~ning spaces° Church (5) SDR-537 - RAY JONES SDR-537 The City Attorney reised a question regarding Co~itions 5~ 15 Jones and 22 of ~, Jones original protest to the Planning Commission ConditiOns relative to his subdivision on Pierce Road and the question was left open for review and ~ction at th~ next meeting. E. CITYADMINISTRATOR Population (1) Mro Hanley reported that the new population estimate es of 3/1/65 March is 1965 is 20s700 which will entitle the City to 20s700 approximately $13,500, in additional revenue from State subventions this fiscal year, (2) Mr. Hanley reported that Mr. Ed Steffani of the Santa Clara Oak tree - County Public Works Department had notified him that their Saratoga Ave. tree expert estimates the expected life for the Oak tree at & Mellon Dr. Saratoga Avenue and Mellon Drive to be for a 10 to 30 year duration ands based on this determinations the County will reconunend to the Board of Supervisors that the alignment proposed by the City be approved provided the City assumes the responsibility for realignlag the read at such time as the tree mast come out, It was the con- sensus of the Council that the City Administrator advise the County that the City will assume the responsibility for future realignment if and when the tree must be removed. VII COMMUNICATIONS A. WRITTEN (1) The Council discussed with Mr, George Martin and Mro Peter Pasetta a request for City contribution to the beautification Montalvo and improvement of the entrance to MOD~'UlVO at Saratoga-Los entrance Gatos Road. Mr. Pasetta presented a preliminary design plan and plans cost estimates amounting to $6660. for the entrance and urged the Council to contribute to this project as an investment in the improve- meat of a quasi-public cultural center. Councilman Drake questioned the use of public funds for a private organization ands after discussion~ ~yor Glennon directed the Staff to investigate the possibility of approval of the proposed project by affected State and County agencies and to submit a recommendation by June for consideration prior to adoption of the 1965-66 budget. (2) After discussion of a request from Messrs, Johnson and Gaddt~ C-62 for an extension of the rezoning C-62 on Fifth Streets Mayor extension Giennons with no objections referred the request to the Planning Request Commission for consideration and recommendation with the understanding that the request is for an extension of the conditional rezonln~ and not a request for permanent rezonin~, ~e,6 m (3) b~. Hanley reported that he has been unable to locate an amendment to the Saratoga City Code changing th~ place for 0~d.3~o5 City Council meetings and presented 0rdina~ce Nee 38.5 which Changing would amend the City Code to reflect the Council's previous action Council in changing the meeting place .from the Saratoga High School to Meeting the Council Chambcrs at th~ Civic Center~ With no objection~ Place Mayor Glennon directed the record to indicate that the Ordinance was introduced. B. ORAL Mayor Glennon thanked the. representatives of the Good Government Group for serving coffee, VIII ADJOUR~4ENT I~ w~e ~o~ed by Coun~ilman Burry~ ~ecended by Coun~ilman Tyler and unanimohsly carfled to adjourn the meeting at 1!:40 P. M. Respectfully submitreds WILLIAM C. HANLEY~ CITY C~<