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HomeMy WebLinkAbout01-17-1968 City Council Minutes SARATOGA CITY COUNCIL SU~Y OF MINUTES TIME: Wednesday, January 17, 1968 7:30 P. M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, Calif. TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:30 P.M. -' A. ROLL CALL ' Roll. Present: Councilmen Glennon, Hartman, Tyler, Burry, Robbing Call Absent: None B. .MINUTES Minutes It was moved by Councilman Robbins, seconded by Councilman Haftman, and carried unanimously to dispense with the readinE of the minutes of ~he January 3, 1968 meeting and approve them as written. C. CHAMBER OF COI~EMERCE PRESENTATION Chamber of Commerce Mr. Cole Bridges, President of the garatoga Chamber of Commerce, pre- Presentation sented the City with the original photograph of a portion of Hakone of Picture Gardens and announced that the Pacific Telephone Company has consented to use the picture on the 1968 telephone directory which will he issued next month. Mayor Glennon thanked Mr. Bridges, on behalf of the Council~ II BIDS AND CONTRACTS A. AGREEMENT WITH P. G. & E. FOR INSTALLATION OF EQUIPMENT ON POLE P.G.&E. Agreement Mr. Huff explained that this agreement would permit the City to install re use of a meter and switch on a P. G. & E. pole to serve the traffic signal pole installations which will be constructed at the intersection of Sara- toga and Fruitvale Avenues when Fruitvale Avenue is improved. It was moved by Councilman Hartman, seconded by Councilman Tyler, and carried unanimously to authorize the Mayor to execute the agreement, as presented~ III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS Res.397 A. RESOLUTION NO. 397 Accepting " Sanitary The City Clerk reported that .a quitclaim deed had been executed by Sewer Messrs. Flanagan and Egbert to the sanitary sewer line and easement Easement - constructed by them prior to the construction of the Village Parking Village District No. 1. The quitclaim deed was transmitted to the City, along Parking with a resolution accepting it, from the bonding attorneys for the DisC.#1 district with. the request that the City accept the quitclaim deed and then transfer title to S~nitation District No. 4. After brief dis- cussion, Mayor Glennon deferred this matter until later on the agenda so that the City Attorney might review the file, B. ORDINANCE NO. 38.18 - RELATING TO HORSeAND STABLE LICENSES Ord. With no objection, Mayor.Glennon deferred action on this item until 38.18 the time set for continuation of public hearing (8:00 P. M.~ of Horse & Ordinance NS-3.12, regulating the keeping of horses. Stable IV SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-634 - ROY M.WESTLY SDR-634 Westly Mr. Huff reported tha~allconditions of tentative building site approval for one l~t in=the C-N zone on Prospect Road have been met with the exception .of rec0rdation of the survey map. It was moved by Councilman Tyler, seconded .by Councilman Robbing, and carried ,unanimously to adop, t Resolution~ No. SDR-634-1, granting final building site approval for this lot, subject to receipt of the recorded survey map. SARATOGA CITY COUNCIL MINUTES - JANUARY 17, 1968 - Continued B. SDR-697 - L. R. GUIST The City Clerk read a request from Mr. and Mrs. L. R, Guist requesting SDR-697 the Council to rescind final building site approval for one lot on Guist Belnap Drive, cancel the bond, & site approval agreement, and refund Site the inspection fee. Mr. Huff commented that it was his understanding Approval that this request was occasionad by a change in status of their finan- rescinded cial arrangements. Mr. Huff indicated that the filing fee would cover the costs of handling this matter to date and the inspection fee would not be needed until the improvements have been constructed. It was moved by Councilman Robbins, seconded by Councilman Burry, and carried unanimously to rescind final building site approval for one lot on Sol- nap Drive (SDR-697), release the bond posted to guarantee improvements, cancel the building site approval agreement, and refund the inspection fee. It was understood that, as acknowledged by the Guists' in their letter of January 4, 1968, building site approval would revert to a tentative map approval status which would expire 18 months from the original date of Planning Commission approval, June 25, 1967. C. TRACT 3591 Tr.3591 bond release- It was moved by Councilman Robbins, seconded by Councilman Burry, and munuments carried unanimously to release the bond 'posted to guarantee setting of monuments in Tract 3591. D. SDR-730 - PAHL FLANAGAN SDR-730 The City Clerk reporte~ that all conditions of tentative site approval Flanagan for one let in the C-C zone owned by Paul Flanagan had been met, with the exception of payment of storm drainage fee and recorder!on of the survey map. it was moved by Councilman Burry, seconded by Councilman Tyler, and carried unanimously to adopt Resolution No. SDR-730-1, granting final building site approval to Paul Flanagan, subject to pay- ment of the storm drainage fee and recordation of the survey map. E. TRACT 4042 - Tr.4042 landscaping A request from Claude Lindsay, Inc. relative to the timing of the landscaping to be installed between Cox Avenue and Tract 4042 was referred, by the Mayor, to the Planning Committee of the City Council. F. SDR-722 - GEORGE SOMPS SDR-722 Somps Mr. Huff reported that the applicant met all but one of the conditions of tentative site approval for Lot B of SDR-722 at the time .of filing for final approval for lot A and that this one remaining condition has since :~een met. It was moved by Councilman Ty~r, seconded by Council~ man Hartman, and carried unanimously to adopt Resolution No. SDR-722-2, granting site approval to lot B of SDR-722. B PUBLIC HEARINGS ~ 8:00 P. M. A. ORDINANCE NS-3.12 - REGULATING THE I~EPING OF HORSES The City Clerk stated that this hearing had been continued from the Ord. December 6, 1967 meeting, along with Ordinance 38.18 relating to the NS-3.12 licensing of stables and horses. Subsequently, the Planning Committee Regulating met with representatives of the Castle Rock Horseman's Association and keeping of requested additional information from the C.R.H.A.. This-information horses was received, Mr. Huff reported, and now the Planning Committee has scheduled a meeting to discuss the matter further with C.R.H.A. representatives. No one responded to the I~yor's inquiry as to whether or net anyone was present with regard to this item and, with no objection, Mayor Glennon declared the public hearing opened at 8:07 P. M. It was 'moved by Councilman Hartman, seconded by Councilman Burry, and carried unanimously to continue the public.hearing to 8:00 o'clock P. M. at the next regular meeting of February 7, 1968. SARATOGA CI~/' COUNCIL MINUTES -.JANUARY 17, 1968 - Continued B. A-146 - CORINTHIAN STUDIOS The City Clerk announced that the attorney representing Corinthian A-146 Studios in its appeal from Planning Commission denial of design Corinthian approval had c~lled today and asked'for a continuance of the hearing Studios to the meeting of February 7, 1968. Mayor Glennon opened the public hearing at 8:09 P. M. No one responded to the Mayor's invitation to spegk regarding this matter and it was moved by Councilman Robbins, seconded by Councilman Tyler, and carried unanimously to continue the public hearing to 8:00 P. M. on February 7, 1968. Mayor Glennon declared the public hearings closed for the evening at 8:10 P. M. III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS - Continued A. P~SOLUTION 397 & 398 Res.397 The City Attorney stated that although he failed, from the material Res.398 in the file, to understand why the sauitary sewer line and easement Accepting could not be conveyed directly to Sanitation DisZrict No. 4, the & conveying attorneys representing the P~rking district had recommended this S~war & procedure and drawn the forms and he therefore had no objections easement - as tile bonding a~torneys assume any liability. It was moved by .Council- Village man Tyler, seconded by Councilman Robbins, and carried unanimously Parking to adopt Resolution No. 397, accepting quitclaim deed to the sanitary Dist.~l & sewer line and easement constructed by Fiehagen and Egbert prior tO Sanitation construction of the Village Parking District No. 1. It was moved by Dist.~4 Councilman Hartmen, secox~ed by Councilman Robbins, and carried unan- imously to adopt Resolution No. 398, conveying to Sanitation District No, 4 the sanitary sewer line and easement accepted by Resolution 397 above. VI ADMINISTRATIVE MATTERS A. MAYOR (1) Mayor Glennon announced that he had contacted Planning Commissioners E. A. McFall and Jerry Xasner and that both had indicated a will- Planning ingness to be reappointed to the Planning Commission at the expir- Commission ation of their present terms, January 21, 1968. The Mayor then Reappointments- expressed his pleasure in recommending Adm. McFall and Mr. Kasner }~Fall.& for reappointment to four year terms ending January 21, 1972. It I(asner was moved by Councilman Burry, seconded by Conncilman Robbins, and carried unanimously to reappoint E. A. McFall and Jerry Kasner to serve four year terms on the Saratoga Planning Commission. (2) Mayor Glennon noted that the annexation of the City of Alviso to City of the City of San Jose has been almost ~ompleted and stated that, if Alviso possible, the City of Alviso will be host city for the ~rch Inter- annexation City Council meeting, in observance of this annexation. The M~yor commented that, as far as he knew, Alviso was the first incorpor- ated city in the State and that Saratnga's City Attorney had served as attorney for Alviso for a period of time in Alviso's history. (3) The Mayor reported that the Planning Policy Committee is nearing Planning a point where some decision will be made on the sub-committees' Poli~y findings and reports. The 0nly sub-committee report not yet Committee completed is the one :that will recommend legislation and means of implementing the ideas presented by the other sub-co~aittees. B. FINANCE (1) After discussion of an item on the january 17, 1968 list of Bllls disbursements, payable to ~s. J.-N. Gresham in the amount of $531.39, it was moved by Councilman Robbins, seconded by Council- man Hartman, and carried unanimously to delete this item (Warrant No. 9029) and refer it to the City Attorney for opinion. The motion included approval of the total balance of $38,527.7] in claims and authorized that warrants be drawn in paF. ent. SARATOGA CITY COUNCIL MINUTES - JANURAY 17 ,.1968 -. Continued Finance (2) The Tre'aSurer's report for the month 'of December, 1967'was ~eports distributed for Council re~ie~. (~) The City Clerk's financial report for the month of December,. 1967 was distributed. Budget (4) The Council ~eceived 'copies of the second quarter budget' report. Report c, co cIL c0 IT ES FoR S (1) The City Clerk announced that informal public.hearings were conducted by the Planning Commissionl at the request of the Westb~Ook residents of Westbrook for annexation to the City. of Saratoga. Annexation Plannin~ Diredtor Stanley Walker s~ted that it ~as his under- Informal standing thaC ~he residents and the. Planning Con~isCt~ wodid Hearing set ~?ct 1 1 c~eived from the ~aratoga Park ~ocds Home~ners AssociatiOn ahd the ~as- tot of the'Sarntoga Federated C~urc~ supporting ~herequested annexation~ Mayor .~iennon acknowledged the presence. of a n~,be~ of residents of Wes~brook and asked if they wished to addreSS the council at this time~. Mr. Oskar Thornher, spokesman for ~he g~oup, indicated that[t~ would reserve their comments until the time of informal hearing~ It ~as moved by Councilman Robbing, seconded by Council- man Herman, and carried unanimously to hold an informal hearin~ on the ~e4uested annexation ~t 8:00 P. M. on February ~'~)1968. (2) Councilm~n Hartman reported that th& Planning Committe~ ~ad met with r~p~sentatives of the Viiiage Merchants Associa~i~n to Viiiage discuS~'~h~ ~equest to revise ~he l~ghting a16ng ~;ig Ba~n Fay. lighting The cdmmittee also learned fre~'P. G. & E. rep~esentativea that , replacement 6f the existing 1Oi000 iumen incandescent with 2!,000 lumen mercury vapo~ lights would not forestall improvements to the Village area during the 5 year~erm of the agreement~ It was therefore recommended by the Pianning COmmittee that the MayOr be authorized tO'execute an agreement with P. G. & E. to provide for replacement of twelve 10~000 lumen incandescent lights with 21,O00'!lumen mercury vapor lightS. Codnciiman Hartman moved, seconded bY Councilman Burrysto ~dopt the report and authorize execution of the agreement as outlined. (3) C6uncilman Hartman reported ~bat the Planning Committee had reviewed the history of Mr. Galeb's variance mpplicati6n and Galeb learned ~hat the period fo~ appeal from the Planning COmmie~lon's Variance denidler the variance expired priorto submission of Mr. Galeb's request letter of December 5, 1967. A check with the City Attorney, Councilm~n'Hartman stated~ indicated that .the City Council is precluded from taking further action by virtue of the expiration of the appeal period and the Cormnittee therefore recommended that Mr. Galeb's letter bellled. It was moved by Councilman Herman, seconded by Councilman Tylers and carried unanimously to adopt the committee recommendation. D. DEPARTMENT HEADS AND OFFICERS (1) The City=Attorney reported that the case of the City vs. Mergelie hms been set for next Friday but that Mr. Margolis has since City vs. moved back to his home and no longer utilizes the illegal use of Mergelie the caband for his business. Therefore~ Mr. Johnston sta~ed he plans ~O have ~he case removed from the court c~endar and will ask for dismissal if the use is not resumed during the next 6 mon~h~ p~riod of time. · (2) Director Of Public Works Shook recommended that the Mayor be Traffic ~Uthd~ized to execute a contract with Traffic Signal Repair Signal Company. M~. Shoek..stated that the company would maintain the Repair present signal at Cox Avenue and Saratoga Avenue at a sagings over the current cost of this service by the County. After brief~iscusSion, it wa~.agreed by the Council that the matter be investigated further~ ~ith emphasis on the costs 9f b7 e~,ther c~ency fo:~ furor8 install:~tlc~s. .SABATO.GA CItY COUNCIL MINU~ JANUARY 17, 1968 - Continued (3) Mr. Shoo~ reported that P. G. & E. Company has requested execution P.G. & E. of a common use agreement whereby the City consents to the Common Use common use of an easement in Tract 43~4 that was a P. G. & E. Agreement easement prior to its inclusion within a street fight-of-way Tr. 4344 in Tract 43~4. It was moved.by Councilman Hartman, seconded~by Councilman Tyler~ and carried u~animously to authorize the Mayor to execute the ~ccmmon use agreement', as presented. (4) The Planning Director reported that the developer of Tract 4200 haq requpst~d action as soon as possibleon his request that a Tr. 4200 conditioh of final map approval be waived. Mr. Walker explained access that the' Planning commission imposed a condition restricting acce§s restriction to a ce~taih corner lot in Tract 4200 to Ten Oaks Way and that the dev~iOper. proposes, as the best use of theAlot~ a plan that woUl~ r~quire access to the minimum access road which serves two other lots adjacent to the corner building site.. With no objection~ .Mayor Glennon referred the matter-to the Planning Committee for consultation with the Subdivision Committee of the Planning Co~,ission and report back to the Council at the February 7, 1968 meeting. E. CITY ADMINISTRATOR (1) ~e City Administrator called ~he Council's attention.' to copies Cigarette of a League of C~lifornia Cities bulletin relative to a pro- tax p~Sed change in the manner of distribution of the cigarette Distribution tax from a sale~ tax basis to a combination sales taxrand pop- Ulation basis IMr. Huff observed that the Mayor had~ritten to the League of California Cities expressing support of legis- lation t0 enac~Lth~ proposed formula and he iddicated that Sara- toga woul~ benefit considerably if the new basis of distribution is adopted. 1968 Municipal (2) Mr. Huff announced that nomination papers for the municipal Election election to be held April 91 1968 will be available January25 nomination and must be filed by 12:00 noon February 15, 1968. papers (3) Mr. Huff reported that a claim in the amount of $2>658.00 has R.H. & P.M. been received from Reginald H. and Pearl M, Graves for alleged Graves property damage and it was moved by Councilman Hartman, seconded Claim for by Councilman Burry, and carried unanimously to deny the claim damages and refer the matter to the City Attorney. VII COMMUNICATIONS A. WRITTEN Scenic (1) An announcement was received from the California Department of Highways Public Works relative to a meeting to be held February 8, 1968 meeting in Redwood City regarding the scenic highways program. Judicial (2~ At tha suggestion of CounCilman Bu~ry, Mayor Glennon directed district that a resolution transmitted by the City of Campbell regarding merger a proposed merger of judicial districts be tabled. C~mp. High (3) No action was taken regarding a communication, dated J~nuary 12~ School Diqt.- 1968, from the Campbell Union High School District relative Zoning applicability of the City's zoning ordinance to the school district. Preservation & (~) The Council acknowledged ~n invitation from the League of Women D~velopment of Voters of Los Gatos-Saratoga to attend apublic meeting on Santa Cruz Mtn. "Plannin~ for Preservation and Development of th~ Santa C~uze meeting Mauntains"'on January 23rd at 8 P. M. in the Los Ga[os High School auditorium. Paul 8onnet - (5) A letter was received from Mr. Paul A. Bonnet objecting to a re apartments proposal of the Stone~on Construction Company tO build a 171 on Big Basin Way unit apartment complex on Big Basin Way. Westbrook (6) The communications previously acknowledged rela~:~e to Annexation Westbr~,ck an~exatil}n ware referred to fine. SARATOGA CITY COUNCIL MINUTES - JANUARY 17 1968 - Continued (7) It was mowed by Councilman Robbins, seconded by Councilman Van Arsdale & Burry~ and Carried unanimously to disapprove the settlemen~ Smith vs. agreement in the matter of Van Arsdale ~s. City of Saratoga in City of Saratoga the fol~ pre~ented by the City Attorney along with his letter of January 11, 1968. Bo ORAL Mayor Glennon ac~nowledged~ with pleasure the p~esence of Planning Cor~nissioner J.hnson; Mr. DOn Macrae, representing the ~ood Govern- ment Group; Mr. Cole [~ridges, President of the Chamber of Comme~ce; Mrs. Dorothy Parker, who served coffee on behalf of the Good Government Group;~and Sister Benedicta and her Sacred Heart eighth grade civics clas~ who artended the me~ting. VIII ADJOURNMENT It was moved by C6uncilman Hartman, ~ec0nded by C~uncilman 8urry~ and unanimously carried to adjourn the meeting at 9:15 P. M. Res~ectfully submitted, Jo R. HUFF~ CITY CLERK mdm -6-