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HomeMy WebLinkAbout03-02-1966 City Council Minutes SARATOGA CITY COUNCIL SUMMARY OF MINUTES TIME: Wednesday, March 2s 1966 - 7:30 P. M. PLACE: Saratoga City Council Chambers~ 13777 Fruitvale Ave.~ Saratoga 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, Tyler~ Burry Absent: None B. MINUTES Minutes It was moved by Councilman Tyler, seconded by Councilman Burry and unanimously carried to dispense with the reading and approve the minutes cf the February 16, 1966 meeting, as written. II BIDS AND CONTRACTS A. QUITO ROAD PLAN LINE The Clerk read a report dated March 2~ 1966 from the Director of Quito Rd. Public Works outlining the basis of his recommendation that the con- Plan line suiting.engineering firm of Jennings, McDermott and Heiss be authorized to prepare the Qutto ROad Plan Line at an estimated cost of $3500, with a contract ceiling of $4200. The Director of Public Works outlined the general scope of the work to be done between Pollard Road and San Tomes Aqulno Creek at Austin Corners and explained that that portion of Quito Road north of Pol~ rd to the northerly city limits has been excluded as part of the ultimate expressways system. The difference between Jenningss McDermott and Heirs' figures and the earlier estimate of $2500., Mr, Huff reported~ is primarily the result of an additional reqnest for comparison of the impact of a divided roadway in this area with the effect of the 60 foot R/W two lane section established in the Gonetel Plan. III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE NS-Sell Ordo NS-5,11 Mr, Henley reported t~at the second reading ef this ordinance had Curbs & been deferred from the last meeting pending further checking by members Gutters - of the Council of a comparison of the areas where curbs and gutters R-1-40~000 have been installed against those areas where they were not. It was Zones explained~ in answer to a question from Councilman Tyler~ that the grade and type of soi~ etc. determine to a great extent whether or not areas where no curbs and gutters ~.;ere installed have, over the years~ created a maintenance problem, The topography dictates the decision as td whd~he~ or not ~urbs and gutters should be required, the Director of Public Works ipdicated. After brief discussion during which Mayor Glennon pointed oat that the end result of this ordinance is very little diffe~ent from the present one and that it has been the practice of the Council to go along with Committee reconuuendations unless there is strong disagreement involveds it was moved by Councilman Burry, seconded by Councilman Hartman and unanimously carried to adopt Ordinance NS-5oll relating to curbs and gutters in R-1-40~000 oni z ng districts. B. ORDINANCE NO. 38,10 Ord,38~10 Mr, Henley stated that the City of San Jose had conducted and fomqarded Speed limit to the City results of traffic studies on Quito Road with the rec- Quito Road commendation that the speed limit be increased to 35 miles per hour from the northerly terminous to the railroad right of way. The Director of ~ublic Works~ Chief of Police and staff reviewed the report snd their findings correspond to those of the City of San Jose and SARATOGA CITY COUNCIL MINUTES - March- 2. 1966 it was therefore recommended that the ordinance be adopted. The Council discussed the'possibility of increasing the speed limit from the current 25 miles per hour for the portion of Quite Road from the railroad right of way to Sobey Road and, with no objection, Mayor Glennon directed the ordinance introduced and asked the staff to be prepared to include that portion south of the railroad right of way if further study indicates that it would be desirable to increase the speed limit on this portion. C. RESOLUTION NO. 36-B-85 Res. It was moved by Councilman Drake, seconded by Councilman Burry and 36-B-85 unanimously carried to adopt Resolution Nee 36~B-85, accepting the ~.2694 dedication of streets in Tract 2694 and releasing the bond, as recommended by the Director of Public Works. D. RESOLUTION NO. 313 Res. 313 The Clerk presented a resolution requesting the services of the 1966 Election- County Registrar of Voters for the 1966 Municipal election and County explained that by utilizing the services of the County the City Services recognizes a significant savings in election costs. It was moved by Councilman Burry, seconded by Councilman Drake and carried unanimously to adopt Resolution 313 as outlined. E. ORDINANCE NS-5.12 Ord.NS-5.12 Ordinance NS-5.12~ amending the schedule of engineering fees in the Engineering Subdivision Ordinance~ was presented and it was reported that the ordi- fees hence had been drawn in accordance with Council action at the last meeting relative to subdivision engineering fees. With no objection~ Mayor Glennon ordered the ordinance introduoed. F. ORDINANCE NS-5.13 OrdoNS-5ol3 Parcel maps M_r. Henley reported that the City Attorney has drafted an amendment to the Subdivision Ordinance in accordance with recent changes in the State Business and Professions Code relative to parcel.maps and records of survey. The ordinance would bring the subdivision ordinance into conformity with the State code by providing for the use of a parcel map rather than a record of survey map. With no objection~ Mayor Glennon directed the ordinance introduced. G. PETITIONS FOR FORMATION OF OFF-STREET PARKING ASSESSMENT DISTRICT FOR VILLAGE The Clerk explained that for several years there has been activity on Petitions the part of property owners and merchants in the ~illage area toward for Off- the formation of a possible off-street parking district which they Street consider essential to the continued growth of the village area as Parking a particularly unique shopping area. Within the past week or so, District Mro Henley continued, the Committee has reached a point where they have obtained~ by initial staff calculations~ the signatures of slightly in excess of 60% of the area involved and the circularors therefore filed the petitions with the City for consideration and possible action with respect to the proposed district. During the course of the time that the petitions were circulated a number of letters and signed statements have been submitted by o~Tners of other property in the district in opposition to ~]e proposed district and the Clerk reported that those signatures and documents are also on file with the Clerk. At the request of Mayor Glennon Mr. Henley outlined the procedure for establishment of assessment distr~cts within the City. Two basic procedures can be followed, Mro Henley stated, and he described these procedures as follows: (1) Presentation to the Council of a petition requesting formation of an improvement assessment district signed by owners of 60% or more of the land area. The Council would then consider adoption of a resolution designating intention to proceed with formation of the district and adopt resolutions designating attorneys and engineers for the project and requiring preparation of SARATOGA CITY COUNCIL MINUTES - Marclx 2, 1966 an engineers report which'would in essence be a set of plans and specifications and final pre-estimate of land acquisition and construction costs for the improvements proposed. Once this engineers report is presented~ the Council would be in a position to approve a resolution describing boundaries of the distric~ calling for bids and setting a public hearing at which time the bids would be received and the exact cost kno~m. Individual notices then go to property ~gners informing of the public hearing and when protests may be received and at the time of public. hearing the Council would be in a position to determine whether or not it wishes to proceed with ~he project. If, at the conclusion of the hearing the Council determines that it wishes to proceed with the district it would award the contract, call for bonds and the work would be started. (2) The CounCil raay, of its oxmmotion, order an engineers investigation and report under the Investigation Act end then proceed with hearings to determine necessity of the project~ equity of costs, etc. following much the same procedure as that outlined above but differing in that no petition is necessary in this procedure, two separately-noticed hearings must be held (although they may be conducted simultaneously), and a protest by owners of 51% of the property kills the project under this procedure. In the case presently before the Council a petition has been p~esented and the Council may, it it wishes, follow the first procedure described. Petitions This procedure has been followed in all the assessment district which for Off- have been formed in the City to date, including Chester Avenue~ TheLma Street Avenue, Azule area, and the Saratoga-Cox Avenue projects° If this Parking procedure is followed the Clerk indicated th~ it would take a District minimum of 90 to 120 days to complete the process and reach the point where bids would be called for and the public hearing held. Public hearing is not held, Mr. Henley pointed ~ut, until after the bids are opened and all information is available and all affected property owners are notified. Mayor Glennon asked if anyone present had 9ny questions regarding the procedure or failed to understand the process~ Mr. Heber Teeflick stated that he is a resident of Saratoga with no personal interest in the district and that he is present as attorney representing, without compensation, the opponents to the district. Mr. Teeflick also stated that although he understood that the May~r had asked whether or not everyone present understood the procedure and not whether they were opposed he felt that the Council should investigate before proceeding further. Mr. Teerlink expressed the opinion that the n~nner in which the proposed district boundaries have been drawn repIesents a gerrymmndering of the area in order to obtain a 60% signup and that the proposed assessment spread constitutes a maldistribution of the district costs to the detriment of the small property owners. Mr. Teerlink charged that concessions have been made involving the properties of Councilman Tyler, Mr. A. A. Dempsey and Mrs. Frances Anderson in order to obtain the necessary land area required by the petitioners in favor of the district. Mayor Glennon stated that he was certain that Mr. Teeflick was mistaken in his allegations and urged him to thoroughly examine all the details and factors pertaining to the proposed district and that if~ after study, he is still of the opinion that political considerations and special concessions were involved~ he so inform all the residents of Saratoga. Mayor Glennon emphasized that nothing of this sort has ever occurred in the City and that he hoped Mro Teeflick will retain his interest until he is assured that it has not occurred in this instance. Mayor Glennon contioued that some type of a proposed off-street parking district for the village area has been under study since 1957 and that it was his belief that the time has come when some effort should be made to do something constructive about it and that as long as everyone present understands the procedure and knows that they will have every opportunity to protest he thinks the Council should proceed. Councilman Tyler denied that any concessions have been made regarding his property and invited Mr. Teeflick to advise him of any knowledge he may have in this regard. CITY COUNCIL MINUTES - March 2~ 1966 Mr. A. A. Dampsay stated that he felt that the integrity of three persons was at stake and stated that contrary to receiving special concessions from the proposed district he will actually be hurt in that full credit is not allowed for parking facilities which he presently maintains and in view of the fact that the appraised value of property proposed to be acquired from him is substantially below his investment in it. Mayor Glennon assured all present that adequat~ time will be allowed for comments from all interested parties at the time of the public hearing on the proposed parking district and it was moved by Councilman Hartman~ seconded by Councilman Drake and unanimously carried to proceed with the preparation of the necessary resolutions to initiate the assessment proceeding so that the City Council may consider them at the meeting of March 16~ 1966. IV SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-351 - KENNETH II4AC~I SDR-351 I~.~agaki The Director of Public Works reported that improvements for SDR-351 Bond have been satisfactorily maintained for one year following construction Release acceptance and recommended release of the improvement ~ond posted to guarantee the work, It was moved by Councilman Drake, seconded by Councilman Hartman and unanimously carried to release the bond, B. SDR-411 - DESMOND JOHNSON SDR-411 D.Johnson In accordance with the recommendation of the Director of Public Works Bond it was moved by Councilman Burry, seconded by Councilman Tyler and Release unanimously carried to release the improvement bond posted to guarantee improvements in connection with SDR-411. C. SD-481 - TRACT 3746 Mro Henley reported that all conditions have been met, fees paid and SD-481 bonds posted in connection With final map approval of Tract 3746, an Tr.3746 g lot subdivision on Highway 9 and it was moved by Councilman Hartman~ Final map seconded by Councilman Bdrry and unanimously carried to adopt Resolution No. SD~481~ approving the final map of Tract 3746. V PUBLIC HEARINGS - 8:00 P. M. C-94 - SARATOGA FOOTHILLS DEVELOPMENT C~94 The Clerk reported that the Planning Commission has recommended that Saratoga this application to fezone approximately 5.65 acres located at the Foothills westerly terminus of Charters Avenue, north of Angus Court and west Development of Cumberland Drive from "A" (Agricultural) to "R-1-12,500 (Single Family Residential) as being consistent with the General Plan Mayor Glennon declared the public hearing opened at 8:45 P. M. and Mr. ~.~ke Splitstone, representing the applicant, spoke in favor of the proposed rezoning. Ordinance There being no one lese who wished to speak regarding this matter, NS~3-ZC-32 Mayor Glennon directed the zfile introduced as evidence and it was moved by Councilman Drake, seconded by Cguncilman Hartman and unanimously carried to close the public hearing at 8:50 P. M. The ~yor then ordered Ordinance No. NS-3-ZC-32 introduced without objection. Recess: 8:50 P. M. Reconvened: 9:05 P. M. VI ADMINISTRATIVE MATTERS A. 1.~IYOR No reports ~4~ SARATOGA CITY COUNCIL MINUTES - March 2, 1966 B. FINANCE The Council reviewed the list of disbursements dated March 2, 1966 totaling $43,105.82~ including expenses for James Huff to attend a Payment Public Works management seminar at the University of California ~nd of Bills a progress payment to Leo F, Piazza for Saratoga Avenue construction, It was explained that the penalty period for the Saratoga Avenue contract will begin April 12 unless inclement weather causes further delays, Mr. Hanley pointed out there was a 90 day delay due to Saratoga the utility companies! failure to relocate utilities and this resulted Avenue in placing the contractor 3 months behind schedule and right in the Construction middle of the rainy season. After further discussion it was moved by Councilman Burry~ seconded by Councilman Tyler and unanimously carried to approve the list of disbursements and authorize that warrants be drmm in payment. C. COUNCIL COMMITTEES No reports D. DEPARTmeNT HEADS AND OFFICERS No reports E. CITY ADMINISTRATOR Mr. Hanley reported that he had received communications from Green Green Valley Maintenance Company, the firm that provides the Civic Center Valley landscaping servicess relative to some corrective measures they Maintenance propose regarding the present landscaping and also relative to a Co. services modification of the Current years contract. With no objection, ~.~yor Glennon referred the communications to the Planning Committee for review and recommendation. VII COMMUNICATIONS A. v~PRITTEN Butterf.ly (1) The city Clerk read a letter signed by Johanthan Cole Scuader sanctuary proposing that rather than designatingISaratoga as a Wildlife . sanctuary the City should be designated as a sanctuary for butterflies, moths and bees. (2Y k.~. Hanley presented a proposed o~dinanCe de§igna~ing Saratoga as a Wildlife sanctuary, which ordinance refers to City prohibition Wildlife of the shooting of guns within the City and it was pointed out sanctuary that the City does not currently have a firearms ordinance which prohibits shooting in the City. Councilman Drake asked if the proposed ordinance would include the preservation of game and was told by the City Attorney that it would, The City Attorney indicated that most birds are already protected by State law and that he doubts the constitutionality of the proposed ordinance; that in his opinion it would probably be just a gesture. With no objection~ Mayor Glennon referred the matter to the City Attorney for further investigation and report, (3) The Council acknowledged a letter from the Chamber of Commerce Chamber of urging concentrated attention to (1) the addition of sidewalks Commerce - or pathways along tb~ Saratoga-Sunnyvela Road from Herriman Traffic into the intersectign of Big Basin Way (2) the addition of a suggestions caution light near ~he intersection of Reid Lane or Herriman and the Saratoga-Suanyvale Road and (3) study of the approach to the Big Basin Way-Saratoga Avenue intersection just west of Oak Street. Mr. Hanlry reported that the first of these items is currently in committee and it is expected that a report will be available for the next meeting and that the other items are also under study by the staff. Mayor Glennon directed the Clerk to thank the Chamber of Commerce for its interest and to advise the Chamber of the status of these matters, SARATOGA CITY COUNCIL MINUTES - ~rch 2, 1966 Saratoga Ave. (4) Council received copies of a letter from Dell Hathaway, 12511 Construction Saratoga Avenue, expressing his objections and dlsatisfaction with the progress of the Saratoga Avenue reconstruction. (5) The Clerk read a letter from Mrs. Margaret Reed replying to M. Reed - Mr. McLeans recent letter regarding what Mr. McLean considered traffic law inadequate traffic law enforcement. Mrs. Reed described several enforcement events x~hich have caused her to conclude that the City has adequate and efficient police protectlon~ particularly in the area of the high school. B. ORAL No one present wished to address the Council and Mayor Glennon acknowledged, with pleasure, the presence of Planning Commissioner Johnson; former Commissioner Adrien Anderson; Mrs. Helen Brazil~ Managing Secretary of the Chamber of Commerce; Ruth ~.;ens~ representing the Good Government Group; Donald Bush, representing the Chamber of Commerce; Council candidates Robert Ewing, Frank Finlay, Jr. and Mrs. Gloria Scharf; and concluded his comments with an expression of gratitude to Mr, and Mrs. Paul Gardiner. VIII ADJOURNMENT It was moved by Councilman Burzy~ seconded by Councilman Tyler and unanimously carried to adjourn the meeting at 9:40 P. M. Respectfully submitted~ · /Z, .,:.b.' , WILLIAM C~ HANLEY, CITY C'~I{ ....... ~6-