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HomeMy WebLinkAbout08-04-1965 City Council Minutes °~.RATOCA CTTY COUNCIL S!~lb~k~Y OF IV.i~E: gednesday~ August ~ ~965 - 7:30 P. H. P~CE: Saratoga City Council ~ers~ 13777 FruiL~ale Ave, ~ Saratoga T~E: Regular I Nayo~ Cle~on Called the ~et~ to order at 7:30 P. N. A. ROLL ~LL Present: Council~n Glennon~ Drake~ Hart~u~ Bu~ry~ ~ler Absent: non~ B. ~N~ES I~ ~as ~ed by Council~ ~e~ seconded by Co~cilmn H~tn and unnn~ously ca~ied to waive the reading of the ~nutes o~ the J~ly 1965 ~e~ing and app~ova them as wi~ten, II BIDS ~ COerCeS A.AG~NT with Flood Control District ~or i~tallation o~ a 66 ~ch water line under Saratoga Avenue, Saratoga Avenue Ch~ge ~eemnt l~ate~ l~ne ~ith C~ncil appr~, ~yor Glennon de~erred this item until the Sara~Ava, agreement fo~ has been received from the Flood Control District, ~, H~ley. noted that the District ~11 pay the full cost of the installation of the water line but tha~ it will require ~ ~ith ~he City ~d a ch~e o~de~ ~or tha ~acoga Avenue project to allow the work to be done in conjunction ~th the ~rovemnt project, III PETItIOnS, O~I~CE ~ FO~ ~SOLU~IONS 3 A~ ~SOL~ION NO. 36-B-75 - ~C~ 2967 ~s, '~, 2967 ~, Huff reported that all de~iciencies have been co~ected in ~act Ro, 2967 and ic was ~ved by Co~cil~n HarSh, seconded by Co~cil- mn ~fler ~d un~imously called to adopt Resolution No, accepti~ the dedica~ion of streets in ~act 2967 ~d releasinE the ~p~e~n~ bond posted to gu~antee construction of ~p~ovements, B. ~SOLU~ION ~0. 278 - ~SOLU~ION OF IN~N~ION ~ ~ON PORTION OF C~ C~TILDE DRI~ Res, 2~8 ~, ~ey expl~d that this resolution ~ould be the ~i~sc s~ep ~ale~ the p=ocedu~e to abandon a portion o~ ~alet Clotilde Drive, Clotilde Huf~ stated ~hat the p~ope~ty is on a cul-de-sac ~th a 60~ Abedon, way and that the City only requires a 40~ ~i~h~-of-~ay and tha~ the abutti~ o~e~ would like the City to abedon a 201 strip so he use i~ to meC area requirements ~or a build~g s~e, ~, Hu~ ~lained tha~ although t he ~equested abando~n~ would crea~e an o~-cen~e~ al~n~ of the stree~ the property ~er ~ould be ~ble to utilize either of the lots as a build~ site i~ the ab&~do~nt were to consist o~ ~en foot strips on either side e~ the street. Afte~ discussion it was moved by Co~cll~n D~ake~ eeconded by Co~ci~n Hartm~n and ~animously carried to a~op~ Resolution No, 278~ settin~ public hea~i~ ~ proposed abando~n~ o~ a portion of ~alet Clotilde kive ~d the ~yor~ with no objec~ion~ ~e~ed the ~Cter to the Pla~in~C~t~tee ~or study ~ reco~ndation, C. ~SOL~IONS 'PER~ININO TO FO~ON OF AZ~ HO~SITES I~RO~NT PRO~C~ Azule l~o~sites ~, Hanley e~lahed ~ha~ these resolutions' a~e s~dard fom ~esolutlo~ I~ov~ent p~eli~ to ~o~ion of the Azule H~sites ~nt Distric~ District ~d that the ast~a~ed spread of assess~n~ is based on 107~ on a basis~ 10~ on d~ll~g units and 80~ on fretage, ~e City ~nls- traCor ~dicated tha~ this fo~la ~ould =esult in ~ approximate assess~nt of $~50, pe~ lot after dsducti~ the costs to be contributed by Gas ~ ~ds ~d Store ~ater ~ds, Councilmen Drake exp.~essed concern that enly 757, of the property owners had petitioned for the proposed dist.~:tct and Mr, ~Faddens · representing the bonding attorneys iadicated that although the Azule percentsge did seem low it might not necessa~'ily mean that the other Homesites property owners were opposed to tile district and that the resolutions Improvement before the Council at this time would include setting a time and place District for public hearing of protests. Mro McFadden stated that 7G% of the land area has petitioned for the district and that each property ox~ler will have an Opportunity to object at the time of public hearing if he wishes e I~TSo Joan Gl'eene~ 12350 Losira Avenue, Stated that she.objec[~d to an assessment for storm drains aS her proper~y in the Azule a~ea already has a storm drain. Mayor Gleunon adVised Mrs, G~eene that the Director of Public Works will check this item and that she should be present at the September 15 hearing to register her objections, Councilman Drake stated that he would approve the resolutions to proceed with possible formation of the improvement district but hoped that by the time of the hearing mere proponents for the district will have supported the petitioners, Mayor Glennun noted that many people in the Azule area have for years tried to improve their properties and that he hoped the district would be formed for their benefit,' It was moved by Councilman Hartmans seconded by Councilman Tyler and unan{-~usly carried to adopt the following resolutions pertaining to Azule Romesites Improvement District: Azule: Res. 279 (1) RESOLUTION NO. 279 - Preliminary approval of Engineer* s report Res. 280 (2) RESOLUTION NO. 280 - Setting protest hearing on resolution of Res, 281 intention Res. 282 (3) RESOLLTEION NO. 281 - Calling for sealed p~oposals (4) RESOLUTION NO. 282 - Describing proposed boundaries D. ORDINANCE NS-5,9 Ord, NS-~5,9 Sub. erd. Councilman Hartn~n reported that the Planning Committee met August 2 Amendment to review this proposed amendment to the Subdivision Ordinance and re that the amendment would clarify exlsting regulations regarding additbns alterations or additbns to structures. The Planning Committees Councilman Hartman continueds recommends adoption of the amendment and it was moved by Councilman Tylers seconded by CounCilman Burry and unanImously carried to adopt Ordinance NS-5.9 as read by the Clerk and as introduced at the last moettng~ E. RESOLUTION NO. 283~A -QUITO LIGHTING DISTRICT Res. 283-A Quito Mr, Henley reported that the County of Santa Clara has adopted a Lighting policy of incorporatin~g all the lighting districts in the County into District a single lighting service district, The Quito Lighting Districts Resolution Henley continueds is partially in the County unincorporated area and of Intent, partially in the City and that it will be necessary for the City to initiate proceedings to adopt the district in order to continue service to the area.within the City, The electrollers are already in and the City Administrator indicated that the tax money collected by the County should be sufficient to pay the utility charges untll about Januarys 1967 and that the City needs now to initiate proaeedings for ass~m{n~g the duties of levying and collecting taxes for the district, It was moved' by Counciiman Drake, seconded by Councilman Hartman and unanimously carried to adopt Resolution No, 283~As being a resolution of intention to initiate proceedings for the fermation of the Quito Lighting District, / Hearing - tt was then moved by Councilmas~ Har~-~ns seconded by Councilmen Tyler Res.283-B and unaD{mnusly carried to adopt Resolution No, 283-Bs setting public Quito hearing on the Qutto Lighting District for 8:~0 P, M,. on September 1, Lighting, IV SUBDIVISIONS Ah~) BUILDING SITES A, SDR-581 - HE, LEN K, RAYBURN SDR-581 :. Raybum Mr, Hanley reported that all f~es have been paid and conditionn met in Connection with SDR-581 application for site.approval for one lot on Big Basin Way with the except~ of recgrdation of the survey map. It was moved by Councilman Tyl~r~ seconded by Councilman Burry and i- unanimeusly ca=tied to adopt ReSolution No. SDR-581~l~ s~bJect receipt of the re~o=ded surveysmap. B. SDR-476 - FIRST CHURCH OF CHRi~T~ SCIENTIST. SDRN476 First Church It was'moved by Councilman Drakes seconded.by Councilman 'Har~ and of Christs unanimously carried to accept the tmprove~e~t~s for construction Scient~st - for the First Church of Christ~ Scientists with.the one year mainten- Accept. ance period to begin as of this date. ~mprove. D. SDR-4~7 - M. L. SNO~ SDR-447 ~" Snow - It was moved by Councilman Ha~nn~ seconded by Councilman Tyler and hnprovement ananimously carried to accept:~he improvementss for construction Acceptance calyx,constructed in connection with' building site approval SDR-~+7. D. SDR-580-1 ~ QU~TO PARK SHOPPING CENTER Mr. Hanley reported that this ~tem was deferred at the last meeting SDR-580 until the hnprovement plans were subaLerted and that the Staf£ now Quite Park reconnends approval as all fee~ have beenpa/ds bonus posted and Shop. Center - conditions met. It was moved ~y Coancilman Burry. seconded by Library Councilnmn Tyler and unan~u~ously carried to adopt Resolution No. branch SDR-580-1. ~ranting building site approval for one lot in the Quite Park S~opping Center filed on b~half of the County Library Comm~9Sion. Mr. Charles Farley. Chairman o~..the Saratoga Library Cc~mtssion. ob3eeted to the proposed libraky branch use which is scheduled.for the Quite Park Shopping Center:site. He stated that he felt that thexproposed branch librar~will..not provide the first class ~ervice that Saratogans are paying for !~n county library taxes buts · contrary. will prolong the tim~i.when such 8ervicew~ll be provided. Mr. E~rley also indicated that ~afelt this proposed Quite h~anch library ~ould ]~opardtze the ~t~us character and relinquish control of th~ ultimate design of the MayOr Glennon noted thats"~t the last meetings the County Library Department was cautioned~that ~he ~tty will expect 100% return in services for the taxeseei~ec~a from saratoga. The Mayor ~ndicated that he did not. think the: pr6posed Q~ito branch would of itself harm the overal~ plans,for adequate library services within the City and does not preclude the possibil~ty of a main ltbrery at the Civic Center site. Mayor Glennon reported that this subject was discussed recently when he addressed Saratoga High School civics classes and that the students were ~er~ much in favor of having a main library at the Civic Center~ particularly because of its proximity to the proposed Youth Center on the Civic Center Site. Mr. George Fartier. County Librarians indicated that he felt that the proposed 6i000 square foot Quite branch library would be the first step toward ~roviding better service to V PUBLIC FaARINGS A. ORDINANCE NS-3.10 Mr. Henley read proposed Ordinance NS-3.10s regulating the storage of Ord. motor vehieles~ trailerss airplaness boats. parts. building materials~ NS-3.10 trashs garbage and refuse in residential districts. Mayor Glennon Storage in declared the public hearing opened at 8:57 P. M. and directed that front yards the Planning Comm~ssion file and all correspondence be included as evidence ~n this'hearing. The City Attorney e~plained that he had drafted the ordinance in O~d, NS-3o10 confonnance,with California State law and explained that the Storage ha Ordinance primarily prohibits storage of tile above named materials in required front yards ~nd in side and rear yards without appropriate Front yards screenings and also provides thats in hardship cases, the Planning Director has the right to grant special permits for storage in other- wise prohibited areas; The City Attorney emphasized that this ordinance does not prohibit the storage in any rear yard unless it is a co=net or through lot and then storage is permissible if it is fenced or otherwiee screened. Ban Hargasons 13650 Saratoga-Vista; Mre. Edward Angen; and John Turner, Wardell Court, spoke against the adoption of the proposed ordinance and the following persons spoke in favor of the ordinance: Mrs. Angerers Via Monte; Mrs. Smyths Charters Avenue; Renee T. I~tm~t-re; Robert Walker, Surry Lane; Floyd Jansen; and Mr, Pearsons 13264 Glen Brae Drive. Mr. Margason, who objected to the prohibition of trailers in required front yardss stated that he did approve of the prohibition of trash and garbage.. There being no one else present who wished to speak for or against the ordinances Councilman.Tyler moveds seconded by Counailman Hart-man to close the public hearing. Nation carried at 9:20 P. M. Nayor Gleanon directed the record to indicate that Ordinance No, NS-3.10 was introduced and will be on the ageadd of the next regular meeting for Council action and that if it is adopted at that t!r~e it. will become effective 30 days thereafter, Recess: 9:25 P.M. Reconvened: 9:45 P. M. B. V-260 - HAVEN INVESIMENT CORPORATION Mr. Henley reported that this is the t~r,~ for hearing on the appeal V-260 of Haven Investment Corporation from Planning Co~m~ssiom denial of Haven a variance from the Zoning Ordinance to allow expansion of existing Nursery legal non-confor~Ln~ nursery, Appeal Councilman Hartman, with Council approval, refrained from participation 'in the consideration of this item on the basis of possible conflict of interest through his business. Mr. Henley read the report from the Pln--ing Co-,,{ssion regarding V-260 ~hich reported that the Con~m~ssion was unable to make the findings required by low to grant the requested variance. Mr. Henley then read the appeals filed on behalf of Haven Investment Corporation by Mr. Ross Paratore and reported that notice of public hearing on the appeal had been mailed according to. low. The City Attorney read the specificat~ons on the findings which mast be made to grant a variance and explained the history of the low suit regarding this matter. The Judgemeats Mr. Johnston reporteds was a Stipulation on the part of the nursery to the findings of the Court regarding the removal of 'the use within a specified time. Mayor Glennon declared the pubiic hearing opened at 9:58 P. M. and the PlannSng Co-,,{ssion file introduced as evidence, Mr. Pardtore stated that he was told at the time he purchased the property that both parcels were zoned for nursery use and that he was not aware that the property was divided into two zones. Mr. Paratol'e said that the~parcel in question is landlocked and that it will be a great hardshi~; to h~'m if he is not allowed to use this property. The parcel was' considered as a growing grounds not retail, Mr, Pare- tore continueds but he will have the area cleared per the Court injunction by August 25, 1965. Mr. and Mrs. Dick ~hiteheads Genie1 Avenue; George Engstrom, Carn~el Avenue; Andre Bogarts Wardell Road; Mr. Carniels Carn~el Avenue; l~r, B, K. Cobern; Mr, Buchanans Carniel Avenue; ~S. Ruth VanderbY=st;. Mr.. Richard Brynns Glen Brae Drives and Mr, Harrisons K~lBride Drives spoke in favor of retaining the use of the parcel behind the nursery as a growing grounds with the possible ~mpr~Tement of controls Haven which nutght be added by some type of conditional zoning or use permit, l~urse~ Mr, Turners Wardell Courts objected to the request in its present Appeal form and stated that he did not object to the growl-s ground use but does object to the use of Wardeli. Court as access to the business. Mr. Richard Bennett expressed concern with the poor public relations exhibited by the nursery in its advertising and signs and stated that the criticism directed against the City Council aud Planning Commission has been unjust. The City was formed primarily because of zonings and the Council and its comm~ssions X~r. Bennett continueds are responsible for maintaining desirable zoning throughout the City and that he is sure that in this case~ as has been the case in the pasts there was and is good reason for any action the Council has teken, It was moved by Councilm-- Drakes seconded by Councilman Tyler and carried to close the public hearing at 10:37 P. M. The Council discussed the subject at length and agreed that it is not possible in this case to mn~a the affirmative findings required by the zoning ordinahce regarding variances. It was suggested that the Haven Investment Corporation either file for r~zoaing to condi- tiomal nurser~ use o~ present the matter to be studied in conjunction with ~JJe General Plan review which is currently under study, It was moved by Councilman Drakes seconded by Councilman Tylers and unanimously carrieds With Councilman Hartman abstaining, to uphold the Planning Co-~i~{ssion decision regarding this matter and deny the request for a variance, C. SARATOGA UNITED PRESBYTERIAN CHURCH - HEARING ON APPEAL FROM CITY BUILDING DEPARTMENT RE SHAKE ROOF ON CHURCH Mr, HanIey reported that previous requests of this type have been United referred to the County Fire Marshal!s'=office and in each case when the Presbyterian applicant was informed by the Building 'Inspector that the State Code Church - could not permit shake roofs on churches the plans were changed to Appeal for conform to the present code, Recently~ howevers the United Presby- Shake roof terian Church on Highway 9 presented the same case and the State Fire Marshal~s office indicated to the church architects that an alternative to the Code could be permitted. Suggestions ~ere subn~tted by the City to the State and they replied that although they would not approve substitutes for fire retardant roofs as a matter of code amendments they would consider individual cases based on several factors, As a results Mr, Hanley continueds the Staff exam{ned Title 19 and feels that the architects proposal is a satisfactory substitute and the Building Officials .Mr..Hatrise recomnends approval in this case. Mayor Glennon declared the public hearing opened at 11:00 P. M. and Mr. William Higgius quoted from the arch~tect*s proposal and stated that there is no danger to the public by the use of the substitute roofing material, Mr. Browns repres~entative of the redwood 1,-~er industry as~ociation and member of the Covemores Conflagration Cor~,{ttees reported that the University of California had tested the proposed asbestos inter- lay and that it was received extremely favorably by the State Fire Marshal*s office and by mast fire chiefs throughout the State, Brown stated that this ~pe of roofing unterial is also being con- sidered by the Uniform BUIlding Code Co~4 tte~ and that it appears that when the Unifom Building Code is changed to allow this type of roofs. =he State Code will be changed also, Meanwhile it is necessary for the appeal procedure to be followed to permit the requested roof, The City Attorney pointed out that the City Code does allow this type roof but is superceded by the State Code which does not allow it. · It was moved by Councilm~n Drakes seconded by Co--~_ilm~u Tyler and unanimously carried to close the public hearing at 11:18 P. M. Council- man Burry moved to reverse the decision of the Building OffiCial and allow the alternate roofing materials subject tO the approval of the State Fire Marshal. Council,,~ Tyler seconded th8 motion which carried unanimously, D. C-85 - LO.~A SEKENA DEVELOPMENT CON~ANY C~85 ~m ~e City Clerk stated that the Plni~ Co~ssion rec~-ds approval ~re~ of the requested rezoni~ ~ A to ~l-10s000. ~, H~ley road the Develo~nt subdiv~fon report for ~ de~lo~nt and re,fred that the tent~ tire mp has been approved for this subdivisi~, ~yor Gle~on declared the public hearing'opened at 11:25 P. M. ~d ~. Ha~ey Shean, 112 ~ gay~ ~s ~tos~ was advised ~at his question regardi~ ~ objection to one of the conditions of tentative mp approval should be appealed to the Council, ~e P1a~i~ Co~ssion file for C-85 was introduced as e~dence and there being no one else present ~ho wished to speak regarding this applications Counciln Bu~ ~eds seceded by Co~ciln ~ler to close ~e ~blic he~. ~tion c~ied 11:30 P. M. ~d, No. ~yor Cle~on directed the record to indicate tha~ ~dinance No. NS-3-Z~28 NS-~ZC-28 was htroduced ~d will be on the agenda for the ~t regular ~eti~ for co~ieration of passage, ~ O~ BUSI~SS A. ~A ~IS CL~ S~atoga ~, Hanley reported that this totter ~ c~tinued f~om the July 21 Te~s ~et~ ~d that ~t w~ h~s ~de~st~di~ that ~, C~ ~uld be Club - pres~t at this t~. Noting that ~ representative of the Tells Ko~na Club w~ present~ ~yor Gle~on directed the Clerk to request C~th to ~ive a progress report at the n~t methg reg~ding the traffic on ~a In relation to =he S~atoga Te~s Club. A. ~YOR No reports B. FlUtE It was ~d by Co~i]m~ ~es seconded by Co=mn~l~n Hartruns ~d ~usly ca~ied to approve the disbursements on the dated August ~, 1965 for a total ~un= of $~,394.73 ~d authorize that w~r~ts be dra~ in pa~ent. C. CO~CIL COBWEBS No reports D. DEP~ ~S ~ OFFICERS ~e Director of hbllc Works reco~nded ~cept~ce of const~tion SD~8 of the work done ~n co~ectiun with SD~448 for Dr. Parker ~d ~nst~ction was ~ved by Councilran ~e, secoMed by Councilran HarSh and Accept~ce un~ously c~ied to accept the ~r~e~nts s for constr~mt~on only, ~d begin the one ye~ ~nten~ce period as of this ~. Hanley reposed that the H.V.S. C~p~y and Paul ~ss~, Underground propose .to ~tall undergromd telephone lines on ~ratoga Aveuue Tel. l~nes - ~d w~11 pay the cost along their frontage but that it will cost the S~Cox City $6~. co run the lines under Saratoga Avenue and Cox Avenue. Avenues ~. Hanley fur~er reported that the Staff c~iders this proposal be ~ asset to the City and reco~nds authorizat~on. Co~cilmn Ch~e HarSh asked about the poss~bility of also ~tt~ the lines at ~der ~1 FE~ale undergro~d ~d ~. H~1ey ~nd~cated that he fel~ thaC whereas ~e City would be Justified in ~pendhg f~ds to install under~ro~ lhes under a C~ty street, he did n~ feel this Justi- f~cacion wouZd extend to private property ~ would establish a precedent. It w".s moved by Councilman Bu~:ry.,, e~.coud~.d by eoune'l.lmar~ ~ke, and unanimously earfled to authorize Change Order ~-I to the extent of $650, to offset the cost of installing underground telephone lines on Saratoga Avenue, VIII CO}~fUNICATIONS A. WRI'r£~N Fourth St. (1) Mayor Glennon read a letter from Adrian McMahon regarding debris Debris at Fo&=th Street and Big Basin and reported that the matter has been referred to the Planning Director. Black Mtn. (2) The Mayor read a letter from Mr. Vince Garrod expressing the Soil Conscry. =egrets of the Black Mountain Soil Conservation District that District the City decided not to participate in the financing of their soil erosion project, B. ORAL Mayor Glennon acknowledged, with pleasure, the presence of Planning Commissioner Dean Cowley and the representatives of the Good Government Group, IX ADJOURNMENT It was moved by Couucilman Burry, seconded by Councilman Drake and ununlmously carried to adjourn the meeting at 11:35 P. M. Respectfully submitted, WILLIAM C. HANLEY, CITY CLERK /