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HomeMy WebLinkAbout04-21-1965 City Council Minutes SARATCGA CIl~ COU[ICIL SI)L~[A!IY OF MINUT~g T}i[~: WeU~day~ April 21~ 1965 - 7:30 P. M. PLACE: Saratoga City Council Chambers, ].3777 Frutt'c~ale Ave,, Saraeoga TYPE: Regular Meeting I ORGAN%ZATION Mayor Glennon called ~he m,~eting to order at 7:30 P. Me A o ROLL CALL Prosen,-: Councilmen G~e~on~ 'l~'ler~ Hartman Councilmen ~urry~ D~ake B. MINUTES 4/7/65 It was moved by Councilman Tyler, seconded by Councilman llartman Minutes and unanlmoasly carried to dispense w~.th the reading of the April 7, 1965 min~_'~:es and eppr.'>ve them as w~ttteno II BIDS AND CO~DACTS Amend, AMENDMErIT TO COOPEraTIVE AGRE~4ENT ~63-48H25 between State Division of to Highways and City increasi~g cost estimate and extending the time for Agree, performing work under Emergency Flood Relief Law° re Flood Relief The Director of Pnbl!c Works reported that the State is sendin8 a revised copy of this amendment ~o~ Council c~nsideration and with no objection, Mayor G!enuou postperiod action on this item until the next meeting° III ORDINANCES~ FOi[~L P~SOLUTIONS AND PETITIONS Mayor Glennon directed that the record indicate that C~uacilman Burry took his place on the Council at this time. A. ORDINANCE 38°5 - COUNCIL MEETING PLACE Ord. 38.5 It was moved by Councilman Hartman, seconded by Councilman Burry and Council unanimously carried to adopt Ordinance 38.5 amending the Saratoga Meeting City Code by designating the City Council Chambers a~'.the Civic Place Center as the meeting place for the City Council° B. O~IDINANCE NS-3oZC-25-A Ord. NS-3-Y~-25-A It was moved by Councilman Tyler, seconded by Councilman Burry and C.Neale unanimously carried to adopt Ordinance NS-3-ZC-25-A, as introduced at the last meeting, being an ordinance amending Ordinance NS-3-ZC-25 by eliminating Condition No, 3 of the conditional rezoning for Clarence Neale, C-80. C. RESOLUTION NO. 233 - AUTHORIZING EMINENT DOMAIN PROCEEDINGS - SAPSTOGA Res. AND COX AVENUE WIDENING 233 Eminent The City Attorney s~ated that he had drafted the resolution to include Domain all 19 parcels required for the Saratoga-Cox Avenue widening project Saratoga although it is not anticipated that eminent domain action will be Avenue necessary in each case. [~..Hanley read the resolution and reported that appraisals have been completed and negotiations have been in progress for several days for the acquisition of the property involved. It was moved by Councilman Tyler, seconded by Councilman Hartman and unap. imously carried to ~dept Resolution No. 233 as read by the Clerk. D. RESOLUTION NO. 234 - ESTABLISHING PREVAILING WAGE SCALE - PUBLIC Res. WORKS IMPROVEMENT PROJECTS 234 Prevailing Mr. Henley outlined the contents of Resolution No. 234 and indicated Wage Scale - that it is a standard resolution which is required in connection with P.W. Projects the letting of any contracts for Public Works improvements by the City and explained that this is a general resolution which will cover all such projects and make it unnecessary to pass a resolut/on for each p~ojact. It was moved by Coum~:llman Tyler, seconded by Co~cilDmn Hartman and unanlmonsly carried to adept Rosoh~tion ~o, 234~ estal>lish- ing prevailing wage scale for public works improvement projects. ~0-RESOLUI~O~ NO. 235 - l'HEIivL~ AVEN0~ AP, i~ IMP~I)V~N~ PR~CT resolution of preliminary approval of cngiue2r's report. R~:se 235 Councilman Bdrry reported that the Public Welfare Committee met Monday~ The!~a April 19 and reviewed the Engineer~s.repart On the Thelma Avenue A've, assessment project as presented by the Director of Public Works. ~nproveo Committee studied the completed plans and specifications for the E~gineers job and a refined cost es~mi~te whicli indicated t~t ~he original Report estimates presented to the residents and property examors of ~he a~ea were safe° Councilman Burry moved to approve Resolution No~ 23~, as recommended by the Public Welfare Conduittee ~nd Councilman Hartman, with the observation that the per unit cost per property 0~ner is lower ~han the original estimate, seconded the motion which carried unanimousiy, F. RESOLUTION NO. 236 Ras. 236 It was moved by Councilman Har~maa, seconded by Councilman Burry~ Hearing of and unanimously carried to adopt Resolution No, 236, appointing 8~00 Protests Pc M., Wednesday, May 19~ 1~65~ in ~he City Co~nc~l Chambers as the Thelma time and place for hearing protests in relation to proposed improve- A:~,eo merits and directing notice for the Thelma Avenue Area Improvement Project. C. ruESOLUTION NO. 237 Rose 237 Motion was made by Councilman Burry, seconded by Councilman Hartman Calling and unanimously carried to adopt Resolution No. 237, calling for for Bids - sealed proposals for the Thelma Avenue Area Improvement projects and Thelma establishing 3:00 Pc Me on May 14, 1965 as the tim for delivery of ~'~e. all bids to the City Clerk. H. RESOLUTION NO. 23B Res. 238 It was moved by Councilman Burry, seconded by Councihnan Hartman and describing unanimously carried to adopt Resolution No. 238, describing proposed boundaries- boundaries and directing recordat,on of no~ice of assessment for the Thelma Ave° Thelma Avenue Area Improvement Project. IV SUBDIVISIONS AND BUILDING SITES SDR-537 A. SDR-537 - RAY JONES Ray Jones Mr. Hanley reported that a~ the last meeting the question was raised Conditions as to whether or not final action had been taken by the Council with respect to the Planning Commission recommendations apart from Condi- tion 14 of SDR-537. No actions Mr. Hanley continueds was taken by tile Council on the Planning Commission recommendations regarding the other three conditions which the applicant had originally protested. Mr. . Hanley then read the recommendations relative to Conditions 5, 15 and 22 and indicated that Mr. Jones has agreed to the rlanning Commission recommenditions regarding these cend~.tious. It was moved by Councilman Hartm~-, seconded by Councilman Burry and carried unanimously to modify the conditinns of SDR-537 in accordance with the r~commendations of the Planning Commission with the exception of Condi- tion 14 which was acted upon by the Con~lcil at its April 7, 1965 meeting, B. SDR-559 - JEROME J. LOHR SDR--559 J.J.Lohr The City Administrator reported that all fees have been paid, bonds Building posted and conditions met with respect to SD~,559 and it was moved site by Councilman TN'lers seconded by Councilman Burry and unanimously carried to adopt Resolution No. SDR-559-!~ granting building site approval ~o Jerome J. Lohr. for one 1~= in Argonaut Place. C. TRACT 3093 - WADE HOVER REQUEST FOR REFIneD OF PORTION OF STOI~i WATERFEES Councilman Burry reported that the P~bl].c Welf~re Committee Mro Heyerrs request for return of $i3~9e49 of sto~G drainage cons~ruc- It, 3093 tion expend!tu~es ln~;onnecticn with Trac~ 3093 at t~ intersectio~ of Hover- Fruitva].e and Saratoga--Los Gates roads~ Because all of the insta11,a~lo~ Storm for which credit is claimed was within the boundaries of the tract and Water because the pipe sizes installed wex'e minimum size and necessary to Fees serve several of the lots within the subdivisl0n~ the Committee recommended that the request be denlode It was moved by Councilman Burry~ seconded by Councilm~n Hartman and unanimously carried to adept the Public Welfare Comnittee report and deny the request for drainage fee refund, V PUBLIC tIEARINGS None VI OLD BUSINESS REQUEST FOR CHANGE OF NAME OF EI~EL ANN WAY TO CODY LANE E~hel Mr, Henley noted that this request was presented to the Council several Ann Way - months ago and at that time it was pointed out tha~ the street was a }~equest private right of way and not public, Since that eime~ Mr, Henley conttnued~ for the Council accepted offers of all but one parcel of the stree~ b_nd th~ name people who originally requested the street name change have now asked that change the matter be put back on ~e agenda forcou~mil consideration, Copies to Cody of the request and of a protest from one property owner to the requested Lane name change were studied by the Council and Mayor Glennon outlined the background of Mr. L, R~ Cody whose name was proposed for ~e street name change and indicated that Mr, Cody was a renowned horticulturist and entymologist in this area, The Mayor also outlined the Polentz's object- ions to the proposal and indicated that the present name of Ethel Ann Way has a family significance to the Polentzs in addition to the reasons stated in their letter of February 13~ 1965. Support for the request was advanced by a spokesman for Mr. and Mrs, Ornellas, Mrs, Levisten and Cody, Mr, Perry Polentz spoke in opposition to the proposed name change and referred to his letter to the Councilwhich supports the proposal to honor Mr, Cody but sets forth a number of reasons why it should not be by renaming Ethel Ann Way~ Policy Mayor Glennon pointed out that the policy.of the Council in the past has re name been to entertain petitions to change street n~mes only when 100% of the changes property owners were in favor of the change and indicated that although for he felt full credit should be given Mr, Cody he personally would need streets mere compelling reasons to change an existing street name than those presented, Councilman Hartman expressed his high regard for Mr, Cody's horticultural achievements and stated that he felt the street in questions being adjacent to the old Cody home~ should be renamed as the most suitable manner of honoring Mr, Cody and he therefore moved that the Staff be directed to prepare a formal!esolution for council consideration changing the name Ethel Ann Way to Cody Lane, Motion was seconded by Councilman Tyler and unanimously carried, VI NEW BUSINESS Quite A. and B. RESOLUTIONS OF THE COUNTY BOARD OF SUPERVISORS ANNEXING PORTIONS & Prospect OF QUITO ROAD AND OF PROSPECT ROAD TO T~E CITY OF SARATOGA Roads - County Mr, Henley reported that no action is r~quired of the Cou~cil regarding Annex, these resolutions a~d that they extend the City boundaries tO the centerline of pertlens of PL-cspect and Qulto Roads in those areas where the street is bounded on both sides by incorporated municipallti~s~ Recess: 8:30 P. M~ Reconvened: 8:50 P. M. VII ADMINISTP~TIVE PATTERS A. MAYOR Montelye ~ayor Glennon noted that copies of the Montelye Association budget Bedget have been'received. for council consideration as requested at the last mecting~ B. FINANCE (1) !t was moved by Councilman Tyler~ seconded by Councilman Burry Bii]~ and unanimously darried to approve the disbursementson the list dated April 21, 1965 for a total ~mount of $11,796o65 and authorize that warrants be drawn in payment. (2) The City Clerk's Finaucial report and Treasurer's report for Finance the month Of Mareh~ 1965 were submitted and accepted and Mro Raport~ IIanley noted that approximately 98° % of the current funda are in-jested in some type of interest bearing account or bonds° Me pointed out that U. ~. bonds are not being purchased at this time because they do not yield the return that can be realized from local time deposits. Budget (3) The third quarter budget report was submitted for Council Report information, Co COL~]CIL COMMITTEES (1) Councilman Hartman suggested that the Council consider some type of legislation'to Genttel the unsightly storage of non- Garage sales- operative vehicles and debris in front and side yards in the City debris in and, at the same time~ investigate reports which he has heard yards that some of the people who are having garage sales are bringing in items from outside to sell thus creating a commercial enterprise. Planning Director Walker reported that.=:.current ordinances will control commercialism tn residential zones and debris orvehtcles on Dublie property but the City has no ordinances controlling unsightlessness of private property. After discussing the public opposition to regulations of this type which have been tried in other citiess the Mayor~ with Council approval, directed Mr, Walker to ix[vestigate the oity~s present ordinances and those of other cities relative to matters of this type and report back to the council. (2) Councilman Hartman reported ~hat the Planning Comr~ittee met with Landscape Architect Gil Rovianek to revie~a.preliminary Plaza sketch of plans for the landscaping and improvement of ~ealigned landscaping Blaney Plaza and the excess parcel of land that will be left be- t-~en~file~idened highway and the fire station° The Committee, Councilman Hartman continued~ approved the plans as to the general concept involved and Mr. Rovianek will proceed with the prepara- tion of more detailed plans for further consideration° At this meeting the location of the arch in its new position was fixed and the general treatment of the two parcels was applered. Left open for further c6nsideration after cost data is obtained was.. the possibility of sculptures as focal points in the plaza. D. DEPART~ENT HEADS AND OFFICERS (1) RESOLUTION NO. 36-B-60 Raso36~B-60 It was p~oved by CouDci!ma~ Hartman~ seconded by Counc.~.lman Tyler Tr. 176~ and unanimously carried to adopt Resolution No, 36oB-60~ accepting Street the streets in Tract 1764, Saratoga Glen Place and Saratoga Aeoept~ce Creek Drive. Tro 3438 (2) Upon the reeemmenda:ion of the Director of Public Works~ it was moved by Councilman Hartman~ seconded by Councilman Tyler and Monument unanimoasly carried to release the monument bond for l~act 3438. Bond E. CIT~ ADMINISTRATOR (1) SL~548 - TI~CT -~974 ~o IIanley reported that this. matter was delayed at the Codnty .. until after the agenda had been made up due to requirements in SD-548 qonnection with the forlnation of a mutnal water company to sez've .."h_ro 3974 the proposed subdivision, to be called Pro3pect Hill. Mro Pin~! Map Hanley further reported that this subdiv~.s!on is that sention north of the ~itywhich was the'subject of annexation some months.ago ahd that all fees have been paid~ bonds posted and conditions met in adcordance with Planning Commission approval of the tentative map. It ~as moved by Councilman Burry, seconded by COuncilman Tyler and ~nan!mously carried to approve the final map for SD-548, Tract 3974° (2) Fi'o Henley stated that it would be necessary to change the dates on Resol~tions 236 and 237 to indicate that bids for the Theln~ Avenue Ar~a improvement District wilt be called May 28~ Rose 236 1965 and public hearing on protests and consideration of bids Res. 237 will be scheduled for the meeting of Jun~ 2~ 1965o 111is change~ ~endmcnts Mro Henley indicated, is necessary to ~omply with the requirement to res. re that ~he resolutions appointing time and place of hearing and call~ Thel~aa Ave. ing for sealed proposals be adopted at least 30 days prier to Improvement the date of the hearing. It was moved by Councilman Burry, District seconded by Councilman Hartman~ and unanimously carried to amend hearing & the motion passed under Item III.F. to change the dates on bids Resolution No. 236 as noted above° Motion was then made by Councilmau Tyler, seconded by Councilman Hartmans and unanimously carried to amend Resolution 237 to indicate that bids will be cal~ d May 28, 1965 and considered at the time of public hearing on June 2~ 1965. (3) The City ~f, lministrator read a letter from Mr. Clarence Nedlea dated April 21, 1965~ requesting permission to reszore, tempof- t. Neale- arily, the structure which was removed from the old saddle shop request to when it was felt by the State that the area it co~ered would be restore required for the Highway 9 widening project. Mro Henley ex- structure to plained that subsequently the State acquired 20~ less than they Saddle shop had originally planned but had already demolished the portion of the non-conforming saddle shop which Mr. Neale wishes to restore for storage until the widening project is completed. After discussion, during which Mr. Henley stated that Mr. Neale's request is in the nature of an appeal from the Building Inspector's decision to deny a permit for the construction of a structure not in conformity with the code, the Mayor, with council approval, directed the City Attorney to review the matter and report back to the council at the next meeting. VIII COMMUNICATIONS A. WRITTEN None B. ORAL Mr. Stan Marshall commended the council for its neutral position re- West garding the West Valley Junior College bend election but requested Valley the council to consider going on record as to its concurrence or JoC. opposition to the position of the Junior College board relative to election the college site at Fruitvale and Allendale Avenues. Mr. Joe Asssara alsO expressed approval of the Council's non-parti- cipation relativg to the bond issue-school board election and Mr. Earl Limberg spoke regarding a statement of the eouncil's feelings in the light of the election results.' Councilman Burry point~.d out thai: the Council and Planning Commission have emph~,~lcally~ as a matter of record, c, pposcd the Sara~ogn site for the ].ocatiou of a junior college campus and (:o~,nci].n~!n Hartman indicated that as a resul~ of the ove'l~helming defeat of the bon~ issue in Saratoga he felt that the Council slmc%~ld carefully and thoroughly re-study its position ai~d be prepared to make a positive statement after reviewing the present conditions° Mayer 'G. lennon stated that the Council's decision to take nO position regarding the bond issue was based on as many factors as were possible to consider and that.he felt the council hmt acted wisely in confini?,g its ~ctions to the site selectlon~ IX ADJOUR~ILENT It was moved by Councilnan Burry~ seconded by Councilm~m Tyler, and nnaaimcusly ts'_'ried to adjourn the meeting at 9:40 Pc Mo Respectfully submitted, -6-