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Home My WebLink About09-20-1967 City Council Minutes SABA$OCA CITY COUNCIL AGENDA TIHE: Wednesdays September 20~ 1967 - 7:30 P, H. ~CE: Saratoga Cit~ Co~il Cha~ere~ 13777 F~itvale A~nuae S~a~oSa,Cali~. ~E: ~gular ~etinS I O~I~TION Acti~ ~e ~e~i~ ~as called ~o order a~ ~:~0 P. N. ands in 2he absence of ~yor ~yor Clennon and ~yor Pro Tempore Har~n~ Co~cil~n ~ler was selected ~o se~a as A. ROLL ~L Present: Ccuncil~n ~16rs Burrys Robbins Absent: Cou~il~u Gle~ns Haz~n B. I~ was ~ved by Councilman Robbinss seconded by Co~cilman B~rry~ and ~nu~es u~ni~usly carried ~o dispense wi~h the readin~ of the minu~es o~ ~he Septe~er 6~ 196~ ~e~i~ and approve ~hem as x~rit~en. BIDS aD CO~CTS None PETITIONSs ORDI~CES A~ FO~ ~SOLUTIONS A. ~SOLUTION NO. ~ - ~DIFYING CR~IN ~SESS~S - VI~GE PalNC DIS~ICT NO. 1 ~e City Clerk reported ChaC ~he o~6r o~ parcels 8 and 1~ in the Res. 3~ Vill~e P~ki~ Dis~rtc~ No. 1 requested an addi~$onal 1,600 square Village fee~ of buildi~ floor area and thaws since buildi~ floor area is Parkin~ basis of assess~nt~ i~ would be necessa~ ~o make applicable chan~es Dis~.~l to the ori~inal assess~n~ spread. These chan~ess as set ~ozCh in ~sess~n~ Resolution No. 3~ increase ~he assessments in ~h6 district. A~ ~difica~ion s~ tt~ ~he resolu~ion would correct ~ error in the origin1 ~n~s for parcels 5 and ~. ~. Huff sCa~ed ~ha~ ~hese ~o parcels a~e uMer the s~e c~rship and ~ha~ the ~o~al assess~n~ to ~his o~er =e~ins ~he s~ bu~ that the individual assessments had ori~inally been transposed ~d that it ~as felt ~hat ~his error shouB be corrected at this ~i~. ~. Hu~ stated ~hat the ~otal assess~n~ cos~ ~ould not be a~fec~ed by these changes aM ~hat cons~ruction h~ been s~arted~ in accordance x~i~h ~he award of Council~n Robbins questioned ~heCher or no~ o~her proper~y ~ers within ~he parkin~ distric~ ~ht also vish to ~e~se ~hei~ original es~imCes o~ build$~ l'~eo~ a~ea ~d suggested that~ if ~his should be ~he casa~ the Cou~il establish s~e deadline for s~ch Co~cil~n ~lez and Nr. H~f both indica~ed thaC other proper~y o~ers have revt~ed ~heir comp~a~io~ and no o~her requests are ~t ictpa~ed. I~ was ~ved by Council~ Robbi~ seconded by Council~n B~rry~ and u~i~usly carried to adop~ Resolution No. 3~s modi~yi~ assess~n~s in Village Parki~ Distrtc~ No. 1. B. ~SOL~ION NO. 5~8 - A~ONI~C POR~ OF ~AY ~S~ - ~.~2 ~e Pl~nntn~ Director explained tha~ Resolution No. 3~8 had been Res. 3~8 draf~ed by ~he City Attorney ~o e~fec~ ~he ab~do~n~ of 30~ of 2he Aband~in~ ~0~ w~ay easement in ~ac t ~2 ~hich ~he ~ncil app=oved several Wal~ ~e~in~s ~o. ~. Walker briefly re~ed the history o~ ~is E~e~n~ - ~nts as dSsc~ssed at a p=evious ~e~ and s~ated Cha~ the Planni~ ~ae2 ~2 C~tssi~ =eco~nds the ab~do~nt. He said tha~ the developer ~llize ~he addi~ional apse ~o e~ar~e exis~i~ lots but ~ill ~sin no ~ditio~l lo~s from ~his ~r~sac~ion. I~ ~as moved by Council~n Burry, seconded by Co~ncil~n Robbins~ and ~snl~usly c~ied ~o adopt ~solu~lon ~. 378~ ab~ portion ol valley ease~n~ in SARATOGA CITYCOUNCIL MINUTES - SEFI~NBER 20, 1967 - Continued C. RESOLUTION NO. 379 - RESOLUTION OF INT'e~qTIOH TO ABANDON PORTION OF COX AVENUE ~he Clerk outlined the general baokground of this item; t, e,s when the new Cox Avenue bridge was constructeds the street was realigued at a Res. 379 point adjacent to the bridge and abuttin~ the property of Mr, Frank Abandon Druding, As a result of the realignments a residual island of property portion was left between the street and Mr. Drudin~*s property and Mr, Druding of Cox requested the City to abandon this strip of property to him. In returns Avenue Mr. Drudin~ offered to pay any eost~ of such abandonment and landscape the property to setwe as a buffer zone between his residence and Cox Road. The Plannin~ Co-~ssion recommended abandonment of the property, subject to Mr. Druding~s dedication of the necessary easements to Flood Control District. Subsequently, the City Council adopted the Flanniug Co~ssion*s reconnendation and directed the City Attorney to initiate proceedings to abandon the. property to Mr. Drudin~. Resolution No. 379 states the Coancil*s intention to vacate the street and sets a public hearin~ for protests against the proposed abandonment for 8:00 P. M. on October 18s 1967, The resolution further declares that the Council may require conveyance of an easement across the parcel for flood control purposes. The Council then discussed the advisability of the City dedicating any required flood control easements before abandoning the property but the City Attorney advised that the City does not own the property but has an easement for public vehicular traffic. Therefore, the City Attorney indicated, the person to whom this property would belong after the City relinquishes the easement would have the right to dedicate an easement for flood control purposes. The City Attorney also pointed out that this could be guaranteed by .the City CounciUs requiring Druding to dedicate any required easement as a condition of the City~s abandonment, It was moved by Councilman Robbinss seconded by Councilman Burry~ and unanimously carried ~o adopt Resolution No.. 379s as described above. With Council approval, Acting Hayor Tyler instrdcted the staff to contact the Flood Control District prior to the time of public hearing to determine what it will require in relation to this 'property. IV SUBDIVISIONS~ BUILDING'SITES AND ZONING REQUESTS A. SDR-697 - L. R. GUIST The Counci~ discussed a request fromMrs, L. R, Guist for refund of inspection fees and release of the improvement bond posted in connection SDR-697 with final'site approval for one 10t on Belnap Drive. The City Attorney Gutst reviewed the file and advised that the applicant iss in effects askin~ request to .be relieved of a contract to construct. improvements nnd that, to his for refund knowledge, the Council has never dome this in.the past. Mr. Johnston & bond suggested that i~, as the applicant states, no improvement is toni,m- release plated before Spring of 1968s the Council consider granting art extension of the building site approval agreement, Mr, Huff and Mr, Walker were of the opinion that the applicant wished repeal of final site approval and reversion to tentative.status buts as no one was present on behalf of the applicants the Council was unable tO determine if this were the case. With no objections Acting Mayor Tyler referred this matter to the staff for investigation and report back tO the Council, B. TRACT ~300 j GRANTOF EASEMENT FOR STORM DRAiN · It was moved by Councilmen Burrye seconded by Councilman Robbins, and Tract unanimously'carriedto authorize the Hayor to accept, eubJnct to approval 4300 of the City Attorney, a grant of easement from P, G, & E~ Co. for" Storm Drain storm drain purposes in connection with the development of Tract 4300, Easement It was noted that alth0ughxthe easement.will be utilized by the developer, at his expenses ~the easement is granted to the City, SARATOGA CITY COUNCIL I~INUTE8 - SEI'IEMBER 20. 1967 Continued V PUBLIC H~ARINCS - 8:00 P. M. None VI AENINISTRATIVENATTERS A. NAYOR No reports B. FINANCE (1) It Was moved by Councilman Robbinss seconded by Councilman Burry, Dills and unanimously carried to approve the disbursements on the list dated September 20, 1967, totaling $18s654.58 and authorize that warrants be drawn in payment. Finance. (2) The City Clerkgs and Treasurer~s financial reports for the month Reports of August. ~967. were distributed for Council information. C. COUNCIL COIellTTEES AND REPORTS (1) Councilman Tyler reported that the Public Welfare Connnittee had reviewed the proposal to establish stop signs at nine additional intersections on Saratoga Avenue and recon~uds adoption of Resolu- Res, 1~V-13 tiou NV-13s establishin~ the intersections in question as stop Stop intersect. intersections, Saratoga Ave, Councilman Robbins asked whether or not the Committee had considered "yield" signs to control the problem rather than requirin~ motorists to co~e to a complete stop when traffic does not warrunt it, Council- man Burry indicated that all but one of these intersectiom provide for left turns onto Saratoga Avenue and he did not think "yield" signs would be conducive to correcting the present hazardo'Councll- man Tyler stated that the primary consideration of the She~i~fgs Department, Chief of Polices and the 1~blic Welfare Con~nf~ee had been that Saratoga Avenue is considered by most people robe a thoroughfare and that side streets will be stopped before' enterin~ lanes of traffic, This, alon~ with the posted speed l~imi~'of miles per hour, was considered to warrant stop signs at these intersections, ' It was moved by Councilman Burry, seconded by Counci~man Robbins, and unanimou~!y..Car~ied to adopt Resolution No, I~V-!3, establishing stop interse~tio~s on Saratoga Avenue. (2) Councl~maB Tyle~'rep~ted that'the Transpo~t~tion .Policy Con~ittee, County at its'!.aet ~,~in~'V0ted ,to:recoup, end to the. BOard of Supervisors Vehicle that fuhd~a~romCotmty Vehicle License'fees be;used exclusively License on expressV~!~e~t's, despite the oppositi~n Of'non-expressway fees cities. :.! D. DE~AR~THEADS AND OFFICERS (1) Planning Director ~aiker reported tha~ a problem has arisen.in~ Tr. 43~4 connection with fl~0deontrol' requi~n~,s required as a'~On, dition Flood of development of:2,"~ueaivision to be"Constructed by George Day Control Company on the Seag~hm~a~!,,pro~e~ty~ 10cared'between Saratoga Avenue, easement Saratoga Creek~ Via Mon~&~ive'],,,~.d[~he Southern PacifiC'=tailroad right-of-way. Mr. Walker stated~,~i~Qwas assumed thl~-theFlood Control District had acquired all heCes~r~,easementswhe~?Arr~ye' de Saratoga was developed but that the DiStr~gt=needs additiOnar easements x~hich would involve removal of several large trees or. revision of the subdivision lay-out by reduction or removal of planned lots. With no objection. Acting Mayor Tyler referred this matter to the Planning Committee .of the City Council and the Subdivision Committee of the Planning Co~m_~ssion for review and recoe~eudation to the Pl~nin8 Commission prior to its next regvlar moetingo SARATOC~A CITY COUNCIL MINUTES - SEPTEMBER 20, 1967 -- Continued (2) The City Attorney referred to a letter of opininn, dated 9/18/67, which sets forth the reasons why an amendment to Ordinance NS-3-ZC-7 (conditionally rezoning property fo~ Professional Professional Village of Saratoga) is unneccary. Mr. Johnston explained that Village of by subdividing the 3.17 acre parcel in accordance with the 12,000 Saratoga square feet minimum site area required in the P-A sonss the appli- cant could construct one office structure per lot. Dr. Abrams was informed of thiss ~Mr. Johnston continueds and indicated that he would so subdivide the property. R.S. Shook (3) Acting Hayor Tyler introduced Mr. Robert S. Shooks the newly- Dir. Public appointed Director of Public Works for the City. Works (4) The City Attorney reported that, with the exception of the one parcel requiring Court action on eminent domain suits all property Village necessary to construct the improvements in the Village Parking Parking District No. 1 had been acquired by contract with the o~ners, DistoNo, I An Xnterlocutory Judgment in Condemnation has been granted to the eminent City for Parcel C and Nr, Johnston stated that as soon as the money domain for this property has been paid to the Clerk of the Court for the benefit of the property o~rnerss the City may obtain the final order of cnede~ation, E. CITY ADIaNISTRATOR (1) The City Administrator reported that he and the Planning Director had investigated programs for conversion of overhead utility facilities to underground facilities in other areas, especially Underground in Walnut Creek, The Walnut Creek conversion project is limited utility to commercial areas and is tied into nmjor street construction facilities- projects financed by general obligation bonds and Nr. Huff stated CA~V that it would not appear to hold much promise for extensive con- version to underground utilities in residential areas. Also, l{r. Huff stated that the League of California cities has no knowledge of a conversion project in a residential area involving utility financial participation. Nr. Huff also reported regarding finaanial responsibility of utilities and pending legislation relative to financing conversion projects. As a result of this investigations which was requested by the Council upon the rec- cor, m~ndatian of the special Coancil Co~mittee that CATV facilities be placed underground, Nr. Huff indicated that the staff concurs with the co~ttee and also reco~uds that underground installations be required for any CATV facilities. The City Attorney reported that the PUt very recently determined that underground utility facilities may be required in cases where a Council determines that existing overhead lines must be converted for public interest and necessity. Such projects would be financed by assessment district proceedings but the utilities would also be assessed, Nr, Johnston stated. Councilman Burly cor~a~nted that he had noticed an article in a newspaper printed today, that the P. G, & E, proposal that 2Z of the annual revenue within a city be made available for conversion projects had been approved by the P. U. C. With no objection, Acting Hayor Tyler referred the question of underground utility requirements for CAW installations to the FLanagement Conunittee for further study and recomendations in the light of the staff findings and recent PUC regulations, VII COI. ifO't~CATIONS A o WRITTEN .~, (1) A letter from the San~a~Clara County Health Department relative Fly Control- to t~ice'a week g~b~g~;~ervice as a fly control measure, was HealthDept, referred'~o the Public Welfare C~ttee. The Committee members will me~t' with Health Department rep~sentatives and report back SARATOGA CITY COBNCIL MINUTES - SEPTEMBER 20, 1967 . 7:30 P. M. (2) The Planning D~rector reported that the State Division of Highways requires that a scenic corridor plan be filed with the State prior Scenic to official designation of Highway 9 from Blaney Plaza to the Highway Monte-Sereno-Los eatos city 1bait, as a "Sceo/c Highwar'. A Highway 9 Scenic Highway Corridor Survey and Highway Facility Study on the highway has been submitted to the City and Mro Walker indicated that the three Jurisdictions involved (Saratoga~ Monte Sereno and County of Santa Clara) have cooperated in this Joint enterprise and that it is felt that the Scenic Highway designation will enhance the a~ea to the public interest. Phc. Walker noted that the State maintenance department is conscientious in its efforts to keep such highways cleaned up and that considerable control of development in corridor areas can be exercised to preserve beauty and prohibit undesirable signs. (3) The City Clerk outlined a request from Hr. Richard P. Caputo, attorney representing the West Valley Baptist Church, for study of conditions recorn-~nded by the Subdivision Committee in connection West Valley with the Churchis application for site approval. Baptist Church - ~r. Caputo explained that a use permit had been granted to the Site approval Church for its planned development and that one of the conditions Cohdttions of the use pe~nu~t was that buildlag site approval be obtained. The Church then filed for site approval but was compelled to withdraw its application prior to Planning Cor~n~ssion action on the Sub- division Committee report pending further study of the specific conditions set forth in this report. The Church now proposes mutual study and cooperation with an appropriate totem{tree in an effort to resolve the problem posed by the street improvement requirements. Mr. Huff stated that it was his understanding that, inasmuch as Fruitvale Avenue is proposed for reconstruction in the future, the Church wishes to negotiate with the City regarding a possible Joint participation effort to proceed with street improvements now rather than the Church waiting. because of economic factors~ until the City constructs the improvements. The Council agreed that this matter should be considered by a Joint con~m~ tree comprised of the Planning Counittee and the Subdivision Committee and the Mayor so directed. Mr. Huff was requested to notify Mr. Caputo when this meeting has been scheduled so that he may attend. ~en. Plan (4) Letters of appreciation for the reception held to honor General Co-~ttee Plan Citizens Committee members were distributed~or ~Council Reception information. (5) The Council discussed a League of California Cities newsl~tter Prevailing requesting indication of the Cityss position on the publication of Wages - prevailing wage rates. Legislation which would repeal or amend publication this provision will shortly be studied by the Assembly Co-~ttee legialation on Industrial Relations and the League has requested a policy position of affected agencies reCarding this matter. Councilman Bu=ry strongly reco-~.ended that the City go on record in favor of complete revocation of the publication requirement. He expressed the tenet that prevailing wages, as they relate to bid projectss are of no concern to the contracting agency but should remain within the confines of the employer-employee relationship. He urged that the Council take this position in an es=ly statement of policy to the State legislature. gith no objection, Acting Mayor Tyler referred the question to the Policy Committee. (6) RESOLUTION NO. 380 - STATE CENEP~L S~RVICES PUR.~CHASING Res. 380 The City Administrator asked for authorization to utilize the State purchased State Department of'C~neral Services to purchase t~o ne~ auto- automobiles mobile~to replYidle the;~ station wagon and the Vz]iant. ~$4500. has beeB~bu.a~t~'~6~ these purchases. 14r. ~!uff explainsd that the City mer~l~:.spe~tfies that it wishes to b~y two four-door · sedans, not to exceed-$4~00~= for both ~iCles~ and .the State SABATOQA CITY COUNCIL MXNVEES - SEPTEMBER 20, 1967 - Continued procures them at their bid price. In this manner, makes cannot Res. 380 be specified but the City benefits financially under the large Automobile quantity purchase. CounCilr~n Robbins commented that he woul. d purchases prefer more closely defined specifications and asked if the through resolution should be amended to guarantee that the purchases did State not exceed the budget. The City Attorney advised that it would be necessary for the Council to authorize any contemplated purchase ~hich would exceed its adopted budget. It was then moved by Counci]mnn Burry, seconded by Councilman · Robbins, and unanimously carried to adopt Resolution No. 380, authorizing the purchase of the two replacement automobiles through the California General Services Purchasing Department. B. ORAL Actin~ Mayor Tyler acknowledged the presence of Planning Com{ssioner Smith; Mrs. Ruth O~ens, who would be serving coffee after adjournment on behalf of the Good ~overnmant Croup; and Acting ~3yor Tyler*s wife. VIII ADJ0~T It was moved by Couecilman Burry, seconded by Councilman Tyler~ and unanhnously carried to adjourn the meeting at 8:45 P. M. Respectfully submitted, J. R. HUPF, CITY CLEPa( mdr