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HomeMy WebLinkAbout12-04-1968 City Council Minutes SARATOGA CITY COUNCIL MINUTES OF REGULAR MEETING - DECEMBER 4, 1968 TIME: Wednesday, DeCember 4, 1968 PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga TYPE: Regular Meeting I. ORGANIZATION Mayor Tyler called the meeting to order at 7:32 P.M. A. ROLL CALL Present: Councilmen Tyler, Robbins, Smith, Dwyer Absent: Councilman Sanders B. MINUTES Mr. Dwyer asked that reference to the clarification of the relationship between the Youth Center and the City be in- Minutes eluded in the discussion on the purchase of cleaning equip- ment in the Minutes of the previous meeting, since the re- lationship was important to the consideration. Mr. Robbins moved that the correction as requested by Mr. Dwyer be made to the Minutes of the Council meeting' on NOvember 20, 1968, ~nd that the reading be waived, and the M~nutes be approved; Mr. Smith seconded the motion a~d the Minutes were so adopted. C. PRESENTATION OF REPORT AND RECOMb~ENDATI6NS FROM CONGPdESS FOR COMMUNITY PROG~SS Mayor Tyler recognized the presence of Mr. Shelley Willjams and invited him to co~e forward to present the recommendations to the Council as prepared by the Saratoga Congress for Congress for Community Progress, at its meeting of October 12, 1968. Community Progress Mr. Willjams, chairman of the Congress Steering Committee, presented the report, listing several high priority subjects put to the Council by the Congress. He indicated that six ceparate panel discussion groups had presented suggestions which be~ been presented to and ratified by the Congress-at- lar8e~ attended by some 200 Saratogans. He,listed the following subjects of high priority: 1. Immediate investigation of the feasibility of establishment of a City police department, already being studied by the Council. 2. Strong support by the City Administration of reasonable enforcement of the curfew law. 3. Implementation of the Saratoga General Plan, especially as it refers to parks and recreation. 4. Stepping up law enforcement efforts to reduce noise. 5. Increasing rubbish pickup from once to twice a year. 6. Formation of a City beautification co~littee. 7. Informing Saratogans of the pro's and con's of school district and city boundary consolidation. 8. Encouraging community action to plan and finance an audi- torium on West Valley College campus and construction of an anphitheater as an intermediate steps, Council Minutes Conti. 12-4-88 The Mayor accepted with thanks the work and recommendations of the Congress, saying that once more he could express his pleasure that Saratoga had so many community-conscious cit- izens who act~uely participated in matters of interest and progress. He added that while he could not list all the persons who contributed to the Congress, he acknowledged their representa- tives present, Mr. Shelley Willjams, Richard 8ryer, Woodley Frampton and Mrs. William Hills. Mr. Frampton spoke from the audience saying that the Congress was particularly interested in the major issues listed, and also in general environmental health, and possible lowering of the voting age to 18. The Mayor said it was his feeling, with Council approval, to refer the recommendations of the Congress to City Administrator Huff, who could study them and refer them to specific Council committees, which could then study the recommendations in detail. With Council concurrence, it was so ordered by Mr. Tyler~ D. REPORT OF ACTION ON COMPLAINTS AGAINST CONPRESSOR NOISE CONTROL FOR FAMILY SHOPPING CENTE~ ON QUITO ROAD~ FAMILY SHOPPING At the request of the Mayor, Planning Director Walker ohm- CENTER NOISE mariZed ~he =histor~ ~f actio~ Oaken to date ~n the camplaints pre~eh[ed by Mrs~ O'.Neill add other neighbors whose homes; We~ 16caSed !nea~ she .Family Market owned by Mr. COeta on qu]to Road, aS follows: 1. In August, 1968, following M~s. O'Neill&s request to the Council for relief from the high noise level generated by a new compressor i~etalled in Mr. Costa's market, the Planning Department, at the direction of the Council, had instructed Mr. Costa to take steps to reduce the noise level in accord with the Zoning ordinance. However, attempts to do so without expert advice were ineffective. Therefore, Mr. Walker had advised Mr. Costa to secure the services of a qualified acoustical engineer, and had given him the names of several. He had also indicated that the work was to be substantially complete by December 2, 1968. 2. Mr. Walker stated that Mr. Costa had secured the necessary study by an acoustical engineer, but that Mr. Costa had ap- parently been unable to secure the services of a' civil en- gineer to design the structure until some weeks had lapsod, and that he had also been unable to get a contractor to perform the work as none had been available. Mr. Cos~a spoke from the audience, stating that he now had a contractor, and he expected the work to be done in a week or twO, and that the delay in.~getting the acoustical and civil e~S~neeri~g plans ha4 also delayed action. The Mayor said the Council had authorized notice to be mailed to Mr. Costa on September 16~ giving him 30 days to make the correction, and another reminder prior to October 18, 1968 stating that electricity to tl~e market would be shut off, if Mr. Costa did not comply. Mr. Costa said he h~d relied on the engineer from the compressor installation company to make the right kind of installation originally, but that he had not done so, and that it was part of an overall remodeling of the premises, and he preferred to obtain the services of a particular contractor to do the work, but he had not become available until a couple of days ago. -2- Council Minutes conti. 12-4-68 Mr. Tyler cautioned ~. Costs a~ain~t further delay. Mr. Smith moved that M~. Costs be placed on notice to make a substantial start on the work necessa~yto reduce the compressor noise by the date of the next regular Council meeting on December 18; Mr. Dwyer seconded the motion, which carried unanimously. The Mayor asked bit. Walker to check on the progress of the job, and to report back to the council 0n December 18, 1968. II. BIDS ~ND CONTRACTS A. AGP~EMENT FOR ENGINEERING SERVICES - GEORGE S. NOLTE CO., HIGHWAY 85 BETWEEN PROSPECT AND THE RAILROAD Highway 85 Afte~ a discussion of the ~ontract terms by the Council, City Agreement Attorney Johnston stated that Public Works Director, Shook, had Nolte some concern about certain terms in the contract, especially if the proposed assessment district failed to go through, and what the responsibility of the City might be. Without objection, the Mayor referred review of the proposed ,terms of the contract to the Council management committee, and also instructed the. public welfare committee to determine property owner support for the assessment district to minimize the gamble on formation of the assessment district to finance the project. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 464 - A RESOLUTION APPROVING FORM OF RESOLUTION Resolution 464 OF INTENTION AND BOUNDARY MAP - AND GRANTING CONSENT OF THE Sanitation CITY COUNCIL OF THE CITY OF SARATOGA TO COUNTY SANITATION District 4 DISTRICT NO. 4 OF SANTA CLARA COUNTY TO UNDERTAKE PROCEEDINGS Project 1969-1 TO CONSTRUCT A SANITARY SEWER~GE PROJECT AND TO PROVIDE THAT THE COST SHALL BE ASSESSED ON THE DISTRICT BENEFITED UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT PROCEEDINGS - SANITARY SEWERAGE PRO3ECT NO. 1969-1. City ~ministrator Huff said that the resolution was a prerequisite for proceedings to be initiated by County Sanitation District No. 4, to provide sewers for about 51 homes i~ the Titus Avenue - Country Squire Lane area off Prospect Road, that this action by the Council would give the District the right to go ahead on the proceedings, and would not eliminate any public hearings for citizen objection on the matter. Mr. Robbins moved that Resolution No. 464 be adopted, Mr. Smith seconded the motion, and Resolution No. 464 was unanimously adopted. IV. SUBDIVISIONS, BUILDING SITES AND ZONING P~EQHESTS A. RESOLUTION NO. SDR-763-1 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF GALLEN LEISHMAN. SDR-763-1 1~. Huff said all conditions had been met by Mr. Leishman, that this was the last lot on Pamela Way, end he was recmnding that approval be granted for the site. Mr. Robbins moved adoption of i~esolution No. SDR-763-1, Mr. Dwyer seconded the motion, and the resolution was adopted unanimously. B. SDR-514 - MIJO CORPORATION REQUEST FOR REFUND OF FEES PAID IN CONNECTION WITH BUILDING SITE APPROVAL AND FOR RELEASE OF BOND ~iqD ~SCI~)ING: OF FINAL SITE APPROVAL. -3- Council Minutes Conrio 12-4-$8 Mr. Huff expleined that the Mijo Corporation was asking SDR-514 fDr refund of fees ~mounting to a $210.00 inspection fee, i~escind Final and $301.20 balance of storm drainage fees, and for release Site Approval of the performance bond, as the applicant did not intend to go through with any development on the property. In response to a question from the Mayor, Mr. Huff stated that no City funds had been expended, and Mr. Johnston said it wes all right to terminate the bond. Mr. Smith moved that the fees paid be returned to Mijo Corporation, and that the site approval agreement be re- scinded and the bond be released in' response to the request .,'~ from the MilJevich~ to rescind the site approval agreement and release the bond; ~. Robbins seconded the motion, which carried unanimously. C. RESOLUTION NO. SDR-712-1 - P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF JERRY .' JORDAN Mr~ Huff staged he was recommendidg approval of Resolution SDR-712-1 NO. SDR-712-1 for the tentative map and site development of one 3ordan lot on'Michaels Drive by Mr. Jordan, subject to meeting Michaels Dr. Conditions II-A and. II-B, as listed in the Building Site Committee Report dated September 11, 1967. Mr. Robbins moved adoption of Resolution No. SDR-712-1, subject to completion of the conditions stated as Conditions II-A and II-B of the Building Site Committee Report of September 11, 1967; Mr. Dwyer seconded the motion, which carried unanimously, D. RESOLUTION NO. SDR-786-1 - A PaSOLUTION OF THE CITY COUNCIL OF SARATOGA APPRO~ING BUILDING SITE OF JOHN GARDNER SDR-786-1 Mr. Huff stated that all conditions had been met, and he Gardner recommended adoption of the resolution, for one lot on Winn Rd. Winn ~oad by John Gardner. He added that the lot size would be ,40,000 square feet exclusive of the circle turnaround. Mr. Smith moved adoption of Resoluti6~ No. SDR-786-1~ granting final site approval to 3ohn Gardner for a lot on Winn Mr. Dwyer seconded the motion, which carried unanimously. E. RESOLUTION NO. SDRo787-1- A FaSOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF H~ARD B. BENNION SDR- 787 - 1 Bennion FIr. Huff stated that all conditions had been met, and he Quito Road recommended final site approval for one lot on Quito Road for ~. Bennion. FIr. ~.~er moved adoption of F~solution NO. SDR-787-1, Mr Smith seconded, and the motion carried unanimously. F. RESOLUTION NO. SDR-75t-1 - RESOLUTION OF THE CITY COUNCIL OF S~RATOGA APPROVING 3UILDING SITES OF ROBEET W. PULVER FIr. Huff stated that all conditions except.for filing of the SDR-751-1 recorded parcel map had been met, and he recommended adoption Pulver of the resolution granting final site approval for ~hree Bountiful Acres lots on Bountiful Acres to Robert Putvet. Fir. Robbins moved adoption of Resolution No. SDR-751-1, subject .to filing of the recorded parcel map for t[~e property owned by FIr. Pulver; Mr. Dwyer seconded, end the resolution was adopted unanimously. -4- Council Minutes Conti. 12-4-68 G. SDR-636 - GERALD 2. GURLEY - ACCEPTANCE OF IMPP~OVEMENTS FOR CONSTRUCTION ~. Huff reported that ~. ShO6k r~con~nende~ acceptance of SDR-636 improvements for construction only for SDR-636, Gerald L. Construction Gurley. Acceptance -": Gurley Mr. Robbins m~ved construction acceptance of improvements of Prospect Rd. SDR-636,. Gerai~ L. Gurley; Mr. Smith seconded the motion, which carried unanimouslyi V. PUBLIC HEARINGS A. C-119 ~ ~ONTINUATION OF PUBLIC HEARING ON APPLICATION TO RE- ZONE FROM R-1~40,000 to R-1-~2,509 APPROXIMATELY 1.92 ACRES LOCATED AT THE SOUTI~qEST CORNER OF VERDE VISTA LANE AND BO~CE L~NE. Mr. Huff S~a~ed~ha~ the hearing had been opened and continued C-119 from the last Council meetingS' and the application had been Boyce referred to the Planning Committee for study. Fir. Robbing ~eported that the Committee had met with the Subdivision Com~ittee of theIPlanning Commission, and also with the Boyce~, and that all had expressed agreement with the reco~mendations of the Corm~ission, and that the recom- mendations were in accord with th~ General Plan. Ihe Mayor declared the public hearing open at 8:30 P.M. There were no speakers from the audience on the matter. Mr.,Smith moved to close the public hearing, and Mr. Robbins seconded; the motion carried and the Mayor declared the public hearing closed at 8:33 P.M. Mr. Robbins moved adoptionof Resolution NS-3-ZC-43~ Mr~ Smith aske~ if any opposition or difference of opinion existed rega~ding the rezo~ing of the parcel to R-1-15,000 instead of R-1-12,500, as originally asked by the Boyces, to allow subdividing into five lots. Mr. Johnston stated there were really t~o problems involved; that if Boyce Lane were a public road, the land needed for dedication could not be included in calculating the total acreage for subdividing, even though the Boyces had offered land for dedication, thus saving the City costs of a condemna- tion suit proceedings; on the other hand, if Boyce Land were only a private road, the land could be included in the cal- culation. Noting that neither the Boyces nor their attorney, Mr. Glennon were present, the Mayor asked a continuance to ~ake sure that all parties understood the conditions, and to avoid misunder- standing. Mr. Smit~ moved that the Public Hearing on C-119 be re-opened and continued to the next regnlar meeting. Mr. ~qyer seconded, and the motion carried unanimously. B. C-120 - PUBLIC HEARING ON APPLICATION TO NEZONE FROM "C-C" (Cq- NDITIONAL COMMUNITY COMMERCIAL) TO "C-V" (VISITOR COMMERCIAL) 0.462 ACRES OF LAND LOCATED AT ?HE NORTHEAST CORNER OF THE INTERMECTION OF SARATOGA CP~EK AND SARATOGA-SUNNYVALE ROAD - CLARENCE NEALE. Council Minutes Conti. 12-4-68 Mr. Huff stated that the hearing had been duly noticed, by mail C-120 to all owners within 500 feet of the site; that there was a letter Meals on file from Mrs. Jeanne Neale in favor of the ~pplication, and Hwy 85 there was also a letter of comment from Mr. Bastianellt. He stated that the Planning Cormmission had reco~maended the rezoning, but recommended withholding final approval of C-V Zoning until completion of the access road, landscaping improvements and at least 38 parking spaces, as stated, or post sufficient bond to insure completion. The Mayor opened the Public hearing at 8:45 P.M. Mrs. ~uth Owen. from the audience asked where Mr. Meals was going tO get the land for the 38 parking spaces. Mr. Huff said it was his dnderstanding that 1~. Noble had made arrangements to lease ~0me adjacent property, Mr. RicHard Bennett slated that, as a former ~ember of the City Plannin~ Commi~slon he had opp6sed the original r~zonlng from restden~{al t6 Commercial that had been g{ven to Mr. Neale for his Site; that.~e was bitterly opposed to creeping co,m,lercialism, although hel. di~ not wa~ ~o h~rt Mr~! Neale and his Mr. Bennett asked the Council to withhoid ~ome of t~ dS&s tha~ might be given udder the broad scope of the new vie{~or~C&~erci~i zoning, since Mr. Neale might put in a reseaurant ed~h as a hamburger stand, that would be Undesirable~ Mr. ~ennett asked that Mr. Neale's application be' denied', and that he.',be advised to seek other uses under the present C-C zoning. Mr. Elliot Steinberg, an attorney residing on 8rookw0Od Lane, also urged denial, and asked the Council to make sur~ that uses granted under the new C-V ordinance be in aqcord with the intent of the ordinance. Without objection, the Mayor referred C-120 to the Planning Committee, with special reference to the conditions recon~nended by the Planning Commission~ and construed the hea~ing to the next Council meeting. Mayor Tyler al~O instructed the Policy Committee to report its progress on the Neale Basttanelli dispute to the Planning Committee. The Mayor declared a recess at 9P~M. The mee~tpg Was resumed at 9:15~ P.M. VI. ADMINISTRATIVE MATTERS A, MAYOR ~. Tyler said he had nothing to foperr. B. FINANCE In reviewing the list of disburseme~ ~. Robbins qdestior~d Warrant No. 10315, payable to Sara~0~a In~uranc~ for an additional premium of $343,00. Payment of Claims Mr. Huff explained it was based on ehe annual audit of the City's policy including a review of population and liability exposure of the city. Mr..Sn~ith moved disbursement of Warrants No. 10307 through 10358, for a total of $22,653T58, as listed for December' 4, 1968, and that the Mayor be aUthOrized to sign the warrants; Mr. ~obbins segonded the motion, which carried unanimously. -6- Council Minutss Conti. 12-4-66 C. COUNCIL CO~.~qITTEES AND P~PORTS [. Mr. Smith stated that the Public Welfare Commi.ttea had met the previous evening with Mr. Cowan of P.G.& E. and Mr. Public Riddle of P.T.& T., in reference to the new emergency ordinance Welfare No. 3-E-6, prohibiting overhead utility installation. Mr. Committee C. Smith of the Planning Commission had also bean present. lie Ordinance x~ stated in the Committee report dated December 4, 1968, 3~E-6 the representatives of the utility companies were asking for relief from some of the ordinance requirements, princi- pally becadse they imposed hardships, by delaying action on their projects which had already been ..~ng~neered, and could not now be carried out, although service had been promised to residences in the areas affected. ~. Johnston said that ~here was some question of the =arm, "temporary" in the new ordinance, and this question had also been raised in Santa Cruz County, especially in reference to replacement of damaged or deteriorated poles in districts where an underground requirement had not been established. ~. Smith said that there needed to be some adjustments made, and that there were some points of negotiation. He referred to the ~ive recommendations made by the Committee, especially with reference to the feasibility of drawing up a pole p6rmit system, and asked that the City Attorney review items 1,2 and 3 of the recon~nendati0ns. Mr. Smith said his committee was willing to meet wi~h the Planning Commission also, to resolve the matter, and to try to work out the problems. Mr. Cowan said there were about five jobs pending action, one of which included a large re-conductoring job for a larger feeder line, and that there were a number of damaged and/or worn out poles which would have to be replaced on a permanent basis, and he asked for consideration under item 1 of the Emergency Ordinance. Mr. Huff referred to subsection 3 of the ordinance regarding installation of lines for increased power. Mr. Johnston, noting that the utility representatives had asked for an interpretation, said it wa~ his opinion that ~hey could proceed under subsection 3. ~e Mayor noted that if the City were notified by the Utility companies through their application for pole permits, that the City would be better informed, and could be sure that all legal aspects were complied with. Mr. Dwyer said he had a clear impression that the utility companies needed relief from Section'.L regarding replacement of damaged poles, a matter of considerable urgency, and he moved adoption of the report of Public Welfare Committee on Ordinance 3-E-6, including its recommendations 1 though 5~ ~lr. Smith seconded the motion, which carried unanimously. 2. MANAGEMENT COMMITTEE P~PORT - Floor Maintenance Equipment Mr. Robbins presented the report on purchase of floor maintenance equipment, stating the Committee was reluctant to recommend purchase of the Polishing, Scrubbing machine for $695.00 until a complete review of the City-Youth Center relationship was made by the Council. Leasing terms were unsatisfactory, but such a machine could be rented for a nominal sum for periodic one day use. -7- Council Minutes Conti. 12-4-68 Floor Care The Comnittee recommended purchase of a vacuum sweeper for Equipment $274.00~ and that the other floor machine be rented when needed for stripping, scrubbing and polishing. Mr. 2obbins moved adoption of the recommendation of the Con~nittee, Mr. Dwyer seconded, and the motion carried unan~eously. 3. Annual ~countan~s lieport - December 3, 1968 The re~ort of the Management committee on the Annual Accountants report was read silently, with no action requi~ed~ D. DEPARTMENT HEADS ~qD O~?ICERS P. G. & E. 1. Mr. Walker reported that the Planning Commission recommend- Transmission Line ed opposition to the installlation of the high voltage P. G. on Ridge E. Transmission Line along the rim of the West Valley that might destroy the aesthetic quality of the area. 2. Mr. Higby invited members of the Council to attend the next meeting of the Parks & P. ecreation Commission, to be P- & ~. held in the Youth Center, to hear Mr. Erwin Luckman, Park Commission Consultant. Mr. Dwyer and Mr. Robbins said they would try to attend. 3. Mr. Huff stated he was recommending modification of the SDR agreement with Mr. Carreia who asked that the.savi~gs account Cartels surety be released, and replaced with a surety bond~ to ttwy 85 cover possible costs that might be assessed on his property for improvements on Highway 85 at a later date. Mr. Smith..moved that.the Mayor be authorized to execute · ~ agreement extending Mr. C rre~as site approval agreement and a that the Council approve the replacement of Mr. Carreia's savings account surety with a surety bond, to guarantee im- provements on Highway 85; P~. Dwyer seconded the motion, which carried unanimously. 4. I~. Huff reported that the agreement for construction on Prospect ~d. Prospect Road near Brookglen, for widening of the bridSe, was Agreement being prepared by the County of Santa Clara, and the three- way agreement for financing by the City, by the City of San Jose and the County would probably be ready for review at the next Council meeting, and would be agendized. 5. Mr. Huff reported a phone call from the Smiths on Cox Avenue Cox Avenue, regarding removal of a redwood tree, and P. edwood replacement with a shrub. Without objection, the Mayor referred the matter to the Public Welfare Committee. VII. COmmUNICATIONS A. I~RITTEN Transportation 1. Mr. Huff noted that the next meeting of the Transporatation Policy Policy/Planning Commit~'ee;would be held on December 18, 1968 Committee a conflict with the regular meeting of the Council. Mr. Tyler asked that Mr. ~hook represent Saratoga at the meeting, and to request consideration of a possible change in the neEt dates for the Committee, via a letter, that 'might also indicate that the same conflict affected Morgan Hill City Council. -8- Council Minutes Conti. 12~4-88 2. b~. Huff read a letter form the Delinquency Prevention Delinquency Cormniteee, which asked that three citizens be appointed to Prevention represent Saratoga at the meeting in JanuarX Conference January 18~ 1969 T~]e Me~or asked the Council to suggest participants and indicated he would select three Ssratogans from the list proposed to attend the conference. Harvey 3. Mr. Huff referred to the letter dated November 21, 1968 Re Fruitvale from Mrs. Margo A. Harvey, inquiring abqut the status of Fruitvale Avenue~ to the Planning Committee. P. G. & E. 4. Mr. Huff read the letter from J.C. Cowan of the P.G.& E., 1969 ~ule 20A stating that the new allocation for the City under '~ule Allocation 20-A for 1969 would be $24,000 which would be added to the unused allocation for 1968. Monte Se~eno 5. The letter received from the City of Monte Sereno on re BATSC, the Bay Area Transit Shudy and on the proposed County Co. SOBD ORD. subdivision ordinance was referred by the Mayor to the Planning Committee. 6. Mr. Huff announced notice from the Public Utilities Via Roncole Commission indicatin8 approval of the crossing Via Roneole. R R Crossing 7. Mr. Huff called attention to the letter from the Pl'anning Policy Conittee of the-County regarding uniform procedure on selection of streeC~ngmes. Mayor Tyler instructed the staff to inaugurate the procedure and so notify the P.P. Co None VIII. ADJOURN}~NT Mayor Tyler acknowledged the presence of Planning Commissioner Charles Smith, Parks Commissioner Robert Lewis, Mr. Shelley Williems of the Congress for Community Progress, Oscar, Thurnher, Frank Riddle, P. T. & T., J. C. Cowan, P. G. & g., l~ and Mrs. ~alph Bruinsslot, Congress for Community Progress, and thanked Mrs. Ruth Owens of the Good Government Group for the coffee served during recess. Mr. Smith moved that the meeting be adjourned, Mr. ~obbins seconded, and the meeting was adjourned at 9:58 P.M. ~lespectfully submitted, ~ames ii. Huff, City Clerk