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HomeMy WebLinkAbout02-15-1967 City Council Minutes SAPATOGA CITY COUNCIL S~MARYOF MINUTES TII.Z: Wednesday~ February 15~ 1967 7:30 P. M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale A~-e., Saratoga~ Calif~ TYPE: Regular Meeting I ORGANI2ATION ExecutiVe Mayer Glennon called the meeting to order atY:30 P. M. and announced that Session immediately following adjournment of this meeting the Council will meet in executive session to discuss employing a successor to William C. Henley as City Clerk/Administrator. A. ROLL CALL Roll Present: Councilmen Glennon, Hartman, Tyler, Berry, Robbins Call Absent: None B. MINUTES M~nutes It was moved by Councilman Robbins, seconded by Councilman Hartman and carried to waive the r~ading :and approve the minutes of the February 1, 1967 mee~ing~ as written. Cdune!lman Burry abstained from voting as he was not present at the last Council meeting. II BIDS AND CONTRACTS None III PETITIONS, ORDXNANCES AND FORMAL RESOLUTION~ A. ORDINANCE NO. 38o14 - Second Reading The Director 6f Pubii~ Works explained that this Orainanc~ has been Ord. 38.14 proposed in order to bring the Building dode Or City Cod~ provisions Excavation pertaining to excavations and grading into conformity with the pro- & grading; visions of the Subdivision ordinance, to provide for Civil Engineered coil reports supervision and inspections of Jobs and to provide the Building & C~E. super- Official with authority to waive the requirement for a soil report vision of pending final revisions to a subdivision map. The Planning Director Subdivisions stated that although developers approve having a soil report during their final planning sisgas there have been objections to the present provisions in cases where subdivisions are planned for areas which have no steep topography~ kno~m or suspected poor soil conditions or other problems which would require the soil report at an earlier s~age of planning, Mr~ Walker noted that both the Planning Commission and former City Administrator Henley approve allowing the Building Official to waive this requirement at his discretion. It was moved by Council- man Hartman, seconded by Councilman Tyler and unanimously carried to adopt Ordinance 38,14 as introduced at the last meeting. B. ORDINANCE NO. NS-5ol5 - Second reading The Public Works Director stated that this ordinance also pertains to Ordinance grading and excavation requirements and is also needed to bring the NS~5~!5 -- Subdivision Ordinance to the Map Act provisions during the time the Grading & tentative map remains in force° The proposed ordinance~ which was Excavation; drm~a by the City Attorney, would also require a City Clerk's certi- Clerk~s fieate on a parcel map indicating that the recording of a parcel map Certificate does not mean building site approval has been granted. This provision on parcel has been proposed by the staff because of a reagent Map Act requirement maps & that a parcel map must be recorded prior to sale of any property and~ extending fnasm~mh as City ordinances require that prospective buyers be advised time limit in writing ~hether or not a site has building site approval~ it was for tentative thought that without the above r~con~Tanded C].erk's certificate a map approval, buyer might think that ~ recorded parcel map would entitle him to obtain a building perpair to develop the site. Additionallys Ordinance NS-5,15 would extend from 12 to 18 months the time limit for obtaining final approval after tentative building site approval has been granted, The Map Act provides for the 18 month time llmi~ on Subdivision maps and the question arose as to ~bether or not the Map Act~ which super- SARATOGA CITY COUNCIL MINUTES - FEBRUARY 1.5~ 1.967 Ordo sedes =he City's ordinances, would apply to divisions of property NS-5ol5 consisting of four or less Isis and it was felt that the City~s building si~e approv-~l prowisions should conform to the Map Act provisions for subdivisions of five or more lots. It was moved by Councilman Tyler, seconded by Councilman Hartman~ end unanimously carried to adopt Ordinance No. NS-5.15, C. RESOLUTION NO. 351 - ESZ~BLISHING SC}~DULE OF FARES FOR OPERATION OF TAXICABS IN TIm CITY Res. 351 Ordinance No. 38.13~which becomes effective February 17, 1967, requires Taxicab that taxicab fares be established by City Council Resolution and, after rates hearing the resolution read and discussing whether or not the rates established proposed are comparable with other West Valley areas, it was moved by Councilman Burry~ seconded by Councilman Robbins and carried unanimously to ad~pt Resolution No. 351 and ~o direct the Director of Public Works ~o check other local communities and report back to the Council regarding a comparison of the City~s rates with those of the other cities° It was noted that if the Council should decide that the rates established by Resolution No. 351 seem unreasonable then it can~ at any times change the ra~es by the adoption of another resolu- tionwhich would ~upersede this one~ D. RESOLUTION NO. SDR-4~8-2 - DR. THOMAS E. PARKER Ross It was moved by CoUnCilman Hartman, seconded by Councilman Tyler and SDR-448-2 unanimousl~ car~ed t6 adopt Resolution Noo SDR-448-2, accepting the Accepting street ~;ork doneTin Connection with Dro Thomas E. Parker's building Sto work & site on Fgurth S~reet~ and releasing th~ improvement bond posted for releasing these improvements° bond~ IV SUBDXVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR~649 - }~NRY W. MILLER SDR-649 H~Wo Miller It was reported th4t all condlttdns have been met~ bonds posted and fees paid !~ connection with ~inai site a~proval fo~ one lot On Fr~iit- vale Avenues except for recordarise of the survey map and it was moved by Councilman Burrye seconded by Councilman Robbins and carried' unanimously to adopt Resolution Noo SDR-649-i~ subject to receipt of the recorded survey map. B. TRACT 3998 - GEORGE W. DAY CONSTRUCTION C0MPA~ The Director of Public Works explained that all conditions for final map approval of Tract 3D98 have been met with the exception ef the Tr. 3998 Flood Control District's clearance letter and the dedication of Allen- Geo. Day dale A~enue along tha~ portion which belonged to the developer at the Con, to Co. time of tenta~ive map approval and has been subsequently sold to the Final map Wes~ Valley Baptist Church. It was noted that the West Valley Baptist Church has applied for tentative map approval of its property and could be conditioned to dedicate this area but it was the Staff feeling that this dedication should be the responsibility of t~e subdivision developer~ Mr~ Huff pointed out ~hat'the Developer was oriSlnal~y required to dedicate and improve Allendale Avenue all the ~Fay to FruitvaIe Avenue but that he had been hampered in this regaz-d partially because of the impact the West Valley Junior College site will have on the improvements required and partially by ~:he Staffs, desire to work out an alternative . a.liSament fo~ this area. As the alignment of FruitvaIe Aveuue has not yet been es~ab!ished it was recommended that the final map for Tract 3998 be approv<~d subject to (I) tIxa necessary clearance from Flood Control (~.~hzich ma~- be affected by any grading or realignme~t ~hich ~he City may es~ab!z~_sh) and to (2) the required dedication and improvement 9f Al!en~a~ ~en.ne ~en aha pre~ise alignment has been worked out to the mutual satts2ac~.!on of the City and the Developer. After considerable dlsc~ssion~ during which the City Attorney advised that the standard City Council r~s.31u~:ion form for final map approval prsvldas tha~ final maps m~.~' be conditionally approved and that the map will not be recorded until tixe conditions have been complied with~ SA~RATOGA CITY COUNCIL MINUTES - ~EBRUARY 15 ~ 1967 it was moved by CounCilman liartman~seconded by Councilman Robbins a~d unanimously carried to adopt Resolution No~ SD-552-2~ approving Reso the final map of Tract 3998~ subject to the following conditions: SD-552-2 (1) the balance of the right-of-way on A].lendale Avenue as required Tro 3998 by tentative map approval be dedicated~ (2) Flood Control clearance Final Map bc receivedby the City (3) Allendale AveDue be dedicated and improved in accordance with the revised alignment of Allendale and Fruitvale Avenues~ Jim Kaiser of MacKay and Somps~ Engineers for George Day Construction Coo~ expressed doubt that the developer could meet all the conditions prior te March i and indicated that they are anxious to record tILe map prior to that time~ He stated that the develope~ has bonded for the conditions acco~-ding to existing alignment and m~y not be able to obtain dedication of a realigned right-of-way without agreement from the Church which now owns the property° Coum~ilman Hartman asked if there was any way for the City to guarantee dedication and improvement of that portion of the property when the realignment has been establish~d and the Ci~y Attorney advised that Resolution No. SD-552-2 just adop~:ed would accomplish this° C. TRACT 4062 Tro 4062 Consto It was moved by Councilman Hartman~ seconded by Councilman Robbins and Accept. unanimously carried to accept the improvements in Tract 4062~ for construction only~ with the one year maintenance period to begin immediately, as recommended by the Director of Public Works° D. TRACT 3812 Tr. 3812 monument It was moved by CaUncilman Ha~tm~n, seconded by Councilman Tyler and bond release unanimousl~ carried to release ehe monument boDd posted for Tract * 38].2~ after receiving a report from the Public Works Directo~ that monuments h~e been satisfacto~ily set. E. I~ACT 3974 Tr. 3974 Monument The Dire~to~ of Public Works reported that monuments have been satis- Bond release factor~ly see fo~ Tract 3974 and it was moved by councilman Hartman, seconded by Councilman Tyler and unanimously carried to release the monument bond posted for this work. F. SDR~g9 - BROOKSIDE CLUB OF SARATOGA SDR-89 As recommended by the Director of Public Works~ it was moved by Brookslde Councilman Robbins~ seconded by Couneilma~ Ty!er~ and unanimously Club ~ carried to release the improvement bond posted by the Brookside bond release Club of Baretoga for improvements required as conditions of approval of SDR-89° V PUBLIC HEARINGS None VI ADMINIST~RAT%VE MATTERS A. MAYOR (1) Mayor Glern~on reported that the Counc~.l has made some progress in Executive screening the applications which have been submitted for th~ Session re position of City Administrator and that a Commtt~ee~ comprised City Admo of himself and Counci!~n R~bins ks.o per~ona!~y interviewed position about I0 applicant~ tha~ the full Council had previously approved as the most promising ef the app!~.cants who have applied fo~ the pcsitlon ~ date~ ~xyor Glennon again stated that the Council will m~e~ in Executive Session following adjourn- ment of this meeti.ng to further d:Lscuss filling this position. , The Mayor indicated that it was hoped tha~ the final Council screening and selection can be accomplished within the next month. SAI~TG.C~ CITY COUNCIL [~ETING - FEBRUARY 15~ 1967 ! ~ (2) Mayor Glennon ~ep0r~:ed' t[}a~ tl~e first meet ~.ng of the Cotsty-wide County~.de Policy Planning ~Comm!~t~e, represeuted by him cn behalf of the Policy Planning Couacll and by COmmissiOner Kasner on behalf of the Planning Committee Ccmmission~ will be held tomorrow evening an.d that, although the effectiveness of the Committee ~.s not yet kno~m3 the City of Saratoga will cooper~e fully in efforts to work out problems involving those Cities with which the City has adjacent common boundaries. (3) Fayor Glennon gave a p~og~ess report of recent Association of ABAG ~ Bay Area Governments a~t~vlties, including a new proposal which progress. is termed as a "skeleton bill" which would provide ABAG w~.th report ~e taxing authority through ~tate legislation. Much opposition ~o proposed the proposal has been advanced by various agencies; the Mayor legislation indicated. and the Cou~cil discussed briefly the hazards which could be involved in the establishment of a governmental, tax- supported~ agency which would not cover the entire range of the problems of a regional area. At the same time, it ~qas recognized by the Council that soma nnresolved problems of this nature could be handled by this agency. Conncilman Burry noted~ and the Council indicated approval~ that continuing active inte~Tes= and careful consideration will be given to any proposeIs affecting the import- ant problems confronting various agencies in the San Francisco Bay/Peninsula area° Be FINANCE (1) It was moved by Counciln~n Hartman. ~econded by Coumcilman Tyler Bills and unanimously ca~ried to approve the disbursements on the list dated February 15, 1967 and authorize that warrants be drawn in payment for a total amount of $18,631.43. Gurprise (2) The Director of Publid Works read a letter from Peat, Man. xick, Cash Audit Mitchell snd Company, stating that a "Surprise Cash Audit" Report requested by former City A.dministrator We Co Hanley, has been completed and that all City accounts are in order. Finance (3) The City 91erk~s F~:nanclal ~eport and the City Treasurer's Reports report for the mnnth 6f January, 1967 were received by the Council with no comment and d~rdc'eed to file. COUNCIL C~.~Mi~TEES AND REPORTS (1) Councii~an Robbins reported that the PoliCy Committee had met regarding poSsfbie acqu~sition of la~d for future ~Xpanston of the Civi~ Center and had con~!uded that i~ ~eedea more ~uidanCe from the Council as to how much.more property the City feels is needed for further future development of tba Civic Center. After Pwope;':~y for discussion, during which it was mentioned that perhaps this might future Civic be a matter which the General Plan Committee might cunsider, Cen~er ~yor Glennon, wi.'h no objection, referred the matter to the expansion Planning Committee for further study, with the suggestion t hat the Committee ascertain what lprcperty is available for acquisition, ., =he approximate costs ~nvolved, etc. ~xe Council agreed that purchase of property contiguous to the Civic Center would not ~nvolve a loss should the City subsequently find that the property did not fit into the fuzure needs of the C~ty and, on this basis, the Planning Committee will submit a reper~: in the near future for full COuncil conside~ationo Phase I (2) Councilm~n TFler reported that the Transportation Policy Committee had considered t~e Cit?/~s roquest that t~te County Trafficways ~Yaffic~ye.ys Committee allow approximately $I00,000 due the City as its share funds for of Phase I Trafficways funds to be ~, lled to the Saratoga Avenue Fruitvale A~e. reconstruct~eu ~'.e~e~t a~d came ~ t~ conclusion that because this request was wade after the p~oject ~es completed and it was possible that this could not be aceompl~_shed~ the Committee had asked thst the balance of these funds be applied ~o P~uitvaie Ave~.ue ~mpx'ovement~ in:~teado The Ik~aff!cways Com~tttee, Council- man Tyler co.~tinued, did, aZ its last meeting, approve ~he balance SARATOGA CITY CQUNCIL MINUTES - FEBRUARY 15, 1967 of Saratoga's share ef Phase I Trafficways funds to be applied to the Fruitvale Avanue project. D. DEPARTMENT HEADS A~D OFFICERS (1) The Planning Director gave a progress report of the Ceneral Plan General Review add indicated that some preliminary ~ork has been accompiis- Plan hod by the Planning S~aff, with the approval of Livingston and Review Blaney, relative to the preparation of base maps, etc. and that progress it is expected that the formal contract, encompassing the terms report of Livingston and Blaney's proposal (which was previously approved by the Council) will be ready for execution in the very near future. (2) The Director of Public Works submitted a p~eliminary report Prospec~ of contacts which he and the Planning DireCtor have had with Road the agencies involved in the Prospect Road:Beautiftcation Project Beautification and indicated that additional studies are required, involving a considerable amount of detailed data to be compiled, but that it is expected that a complete report will be available for Council consideration by the April 19th meeting. Mr. Oscar Thurners'Co-Chai~nan of the Prospect Road Beautification Co~,m~ tree, indicated that the three agencies concerned unanimously approve the project buts on behalf of his Committee, he expressed disapproval of the proposal advanced by Mr, Ports, of the County of Santa Clara, that the cost of street lightin~ and certain other improvements be assessed to adjacent property owners. Mr~ Thurner questioned the City of San Jose's claims to percentage of Juris- diction on Prospect Avenue and was advised by the Director of Public Works that the City of Saratogas, Jurisdiction is limited to the "old" right of way line on the Southern boundary of Pros- pect Avenue and that the City of San Jose does have Jurisdiction over a major portion of the right-of-ways if not of the frontage, but that the figures are not based on frontage but on right-of-way° Mre Thurner was assured by the Mayor tha~, as all agencies concerned will cooperate on this project, it does not matter if the City of Saratoga takes the initiative to circulate a petition for the improvements. (3) The Director of Public Works reported that he had contacted FAr. Lighting Fartier, County Librarians and the Sheriff~s Department, which at Quite had conducted a study of the lighting in the vicinity of the Library Quite Library. The Sheriff's Department reported that they had encountered no law enforcement problems related to the lighting buts although the County Librarian i~dicated that he has received no complaints from employees at th~ ii~r~ry, the County Library would ~ot be adverse t6 additional lighting in the area. It was noted that Mr. Fartier was present and did not comment on the Director o~ Public Works suggestion that three additional Quite lights be installed in the areas with the cost of installation Lighting to be borne by P. C. & E. Company and the service charges to District either be absorbed by the Quite Lighting District or considered Additional for payment by the City° 1.~o Huff stated that the cost would be lights $4.45 per lamp per month and it was moved by Councilman Burry, seconded by Councilman Tyler, and carried unanimously to authorize the P. G. & E. Company to install the three additional lights and bill the nominal charge for this additional service to the Quite Lighting District. (4) It ~gas mol;ed by Collncilman Tyler, seconded by Councilman Hartman Consulting and carried unanimously to authorize the Director of Public Works Engineering to obtain prcposals for Consultin~ engineering services for Services for (1) Continuation of the Frultvale Avenue Plan line and its projects intersection with the Saratoga-Los Gates Roads (2) Construction required on Bohlman Road in connection with soil studies which have been completed ends (3) Storm drainage for Blue Ridge subdivision. SARATOGA CITY COUNCIL MINUTES - FEBRUARY 15, 1967 Tr.3746, (5) As reco~unended by the Director of Public Works, it was moved by 4091, & Councilman Robbins, seconded by Councilman Hartman, and carried 4167 Const. unanimously to accept the construction of improvements in Tracts Acceptance 3746, 4091, and 4167, with the one year maintenance period to begin immediately. (6) ORD!NANCE 38.15 Ordo38o15 With no objections Mayor Glennon directed the record to indicate Komina Ave. that Ordinance No, 38.15, designating a portion of l~na Avenue Passenger as a passenger loading zone, was introduced and will be on the loading zone March Iagenda for second reading and consideration of adoption. (7) RESOLUTION NO. }IV-10 Res.MV-lO With no objection, Mayor Glennon referred tdthe Public Welfare prohibiting C0rnm~ttee, a proposed resolution prohibitin~ parking on all parking on paved streets within the City with a paved~'portion of 20' or less. 20spared streets. (8) A letter from the Mareland School District suggesting City and E1 quito Park School Board cooperation in a Joint effort to provide playground School play- improvements at E1 quito Park Schools was referred by the Mayor, ground improve. with no objection, to the General Plan Conunittee for consideration. E. CITYADMINISTRATOR No reports VIII COP~IUNICATIONS A. ~Q{ITTEN ABAG (l) Reference Has made to a letter from A.B.A.G. which the Mayor and legislati~n Council discussed earlier in the meeting, relative to proposed legislative action involving taxin~ authority for A. B. A. G. R. Fansor & (2) Mayor Glennon acknowledged copies o~ letters from Robert Maneor NW Homeowners and the North-West Homeowners Assocition, requesting representa- re Gen. Plan tion on the General Plan Review Committee. Review Coia~!ttee = (3) Mayor Glennon also acknowledged a le~ter.fromMrs. Mildred ~harten Mrs.Wharten relative to serving. on the General Plan e~.--,ittee and requestin~ re Gen. Plan Council audience at this time, but it was noted that although Co-~!ttee Mrs..Wharten was present earlier in the meeting, she was no longer present SO no action could be taken on the request. (4) The Director of Public Works reed a letter from the Saratoga Chamber of Cb~mHer of Con.nerce,. dated February.lOs.1967~ requestin~ the use Co-~erce of Wild~ood Park for its annual festival to be held on September request for 23 and 2~ if park improvements scheduled will not interfere with use of Wild- the. timinE of the festival. Mr. Dick CullJan, member of the wood park Board of Directors for the Chamber~ asked for cooperation the Council in preparing the park to the extent that parking and sanitary'facilities would be available for the planned festival. Hr~ GullJan indicated that dust was t~e greatest problem encoun- tered when the Chamber Used the park last September. After discussion, during which the CounCil mentioned that , although the proposed Chamber use of the Park was to be encouraged, (as was a previous request from the Rotary Club for Art Sh~ exhibits) that the Chamber is basicallyan agency which encourages com- mercial enterprise and is not supported by the City t,,axpayers as a whole, the Council willcooperate in every. way possible to make whatever improvements will be of benefit to the 'entire City with a minimum of expense 'as :the park is not proposed for ¢-re~diate improvement by the City. -6- SAR.~TOC~ CITY COUNCIL MINUTES - FE]SRUARY 15, 1967 B. ORAL Mayor Clenn~n expressed Isis thanks to Planning CommisSioner Cene O'Rorke; Fmso Stork and Admiral Metcalf of the Good Government Croup for their representation at the meeting and service of coffee to all present; to Dick Gullian, representing the C~mber of Commerce; and ended his acknowledgements by extending the best wishes of the City to Mro and Mrs° Paul H, Gardiners donors of the park property near Aspesi Drive. VIII ADJOURNMENT It was moved by Councilman Burry~ seconded by Councilman Robbins and carried unanimously to ad]ouTn the meeting at 9:25 P. M.. Respectfully submitted~ ~ILIA DEAN ROTHLISBERGER} ACTIC~ CLERK