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HomeMy WebLinkAbout12-18-1968 City Council Minutes SARATOGA CITY COIJ~CIL SUMMARY OF MINUTES TIt'~: WEDNESDAY, DECEMBER 18, 1968 - 7:30 P~.ACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVE., SARATOGA, CALIF. TYPE: REGULAR MEETING I. ORGANIZATION Mayor pro tam Robbins called the meetingto order at 7:30 P.M. A. ROLL CALL Present:Mayor pro tam Robbins, presiding; Councilmen Sanders, Smith, Dwyer Absent:Mayor Tyler B. MINUTES Councilman Sanders abstainedlfromvoting on the Minutes as he had 'been absent from the meeting of December 4, 1968. Council- M~nutes man Smith moved to waive the reading, and to approve the minutes of the meeting of December 4, 1968 as mailed; C6uncilman Dwyer . seconded the motion which carried unanimously. II. BIDS AND CONTRACTS A. AgreemeBt with Creegan and DiAngelo re engineering s~rvices for Saratoga- left turn signal at Saratoga and Cox Avenues. Cox~ Left T~rn City ~ministrator Huff explained that 1) the work was authorized Signal in the budget; that-the number of accidents at this intersection, 14 since January, 1968, ~ould seem to support the' work; that the work included installeti~n of signals, undergrounding and phasing; .2) the budgeted figure of $8000 might have to be added to, for engineering plans cost; 3) that since the amount was over $2500, it was necessary to~repare plahs and apecificatiOns to go to public bid. Mr~ Smith ~ove~ that the Mayor be authorlead to enter into the agreement with Creegan and D'Angelo for engineering services as stated in the contract agreement, Mr~ Sanders seconded the mo- tion which carried unanimously. B. IMPROVEMENT PROJECT CHANGE ORDERS C,O. 26 1. Mr. Huff introduces Saratoga Campus Assessment District Change Order 26, stating that the charge of $139.39 was for resetting Fruitvale water meter ~nd valve boxes on Allendale, by the San Jose Water Works. The resetting was a correction of the positioning ori- ginally made at the start of the project before final gradin8 was completed. Mr. Sanders moved, Mr. Smith seconded that Change Order No. ~6 Saratoga Canpus Assessment District be approved; the motion carried unanimously. C.O. 25 2. Mr. Huff explained, that Change Order No. 25 for the District would include some traffic markings regulatory signs, and l~yer- Fruitvale ing sprinkler heads. Mr. Smith moved that Change Order No. 25 be approved, Mr. Sanders seconded and the motion carried unani- m6uafy.. C.O. 27 3. Because of the sum of money involved and the question of the Fruitvale City's riahllity, Change Order No= ~7 .... ~ referred to Mr.' John- ston for rev~e~7 and comv~_~ent ~t the next meeting of the Council. SARATOGA CITY COUNCIL MINUTES - DECEMBER 18, 1968 - Continued III. PETITIONS ORDINANCES AND FORMAL HESOLUTIONS ORB A. Ordinance No. 38.24 was not ready and was continued to the next 38.24 meeting of the Council. Grading B. Ordinance No. 38°26 - Tree Ordinance ORB Mr, Huff read the ordinance aloud in its entirety. Mayor pro tam 38.26 Robbins declared Ordinance No. 38.26 introduced, and referred it Tree to the Public Welfare Committee. Ordinance C. Resolution No. SDR-648-2 RESN. ~DR-648-2 Mr. Huff said that the work required had been done and he was recommending adoption of Res. No. ~DR-648-2, accepting offer Beaton of dedication of street right-of-way on E1 Camino Grande. Mr. (Belsito) Smith moved adoption of Res. No. SDR-648-2; Mr. Dwyer seconded. The resolution was adopted unanimously. IV. SUBDIVISIONS~ BUILDING SITES A~D ZONING PZQUESTS A. SDR-742 - Ann Valk - Big Basin Way RESN. SDR-742-1 Mr. Huff said all conditions ha~ been met and he recommended approval ~f SDR-742 granting site approval to Ann Valk, one Ann Valk lot on Big Basin Way. ~. Smith moved adoption of f~solution ~pR-?~-I; '.Mr. ~yer seconded; the motion carried unanimously, B. SDR-771 - Manfred Kahl - Allendale Avenue RESN. Mr. Huff explained that he ~e~ommended approval of SD~-771, SDR-77~-2 including ~edu~tion:of the Surety bond from $4800 to $3400, the amount Checked ~nd appr6~e~ by the County Engineering Kahl Service Dept. ~nd that the storm drain requirement had been revised prior to adoption of SDR-771. Mr. Sanders moved adoption of SDR-771-2; Mr. Smith seconded and the motion carried unanimously. C. SDR-758 - Scott and Associates - Wardell Road RESN. Mr. Huff explained that all conditions had been met and he SDR-758-1recommended adoption of Rash. SDR-758-1 granting final site approval. Seott& AsE~o~ia~ee Mr. Smith moved adoption of Resn. SDR-758-1; Mr. Sanders seconded, and the motion carried unanimously. D. C-118 Galeb - Popovich Mayor pro tem Robbins invited the applicants co~uents on the application. Mr. Hal Beaudoin, 13204 Pierce Rd. appeared on behalf of Mr. Galeb and Mr.. Popovich. Mr. Hal Beaudoi~ asked if the meaning of the phrase "denial without prejudice,~ as recommended by the Planning Commission meant that the applicants could renew their request within ye rs time and ~. Johnston said that that was the meaning. a a Mr. Beaudoin asked regarding the stat-~ ~f the filing fee of $200 for zoning change application. Mr. Walker said the matter was left to the ,diSCretion of the Council whether it would abate or hold in ap~yance the fee; that the charge covered costs of mailing, publishing, staff and administrative costs; that costs might be less for a subsequent action. -2- SARATOGA CITY COUNCIL MINUTES ~ DECEMBER 18, 1968 - Continued I~. Beaudoin stated he found the answer satisfactory and that a public hearing was not being sought at this time; that his clients held a flexible position and matters were in a state of flux regarding the problem area and beautification. C-118 'Galeb Mr. Harold Xeays, who said he represented Saratoga Creek Pazoning Homeowners Association, and lit; John Moonay of Ted Avenue Appl. spoke against the zoning change. Mayor pro tam Robbins, in the absence of Objection, referred the matter to thaiPlanning Committee and suggested to Mr. Galeb that he advise~l Mr..Huff if he wanted to appear before the Committee. V. PUBLIC }~ARINGS A. C-119 Boyce Mr. Robbins reported that the Planning Committee had met with the Subdivision Committee of the Planning Commission, C-119 with ~.~. Johnston and with b~. Glennon and that there were Boyce some unusual aspects to the rezoning application which ra- Rezoning quired further study. The hearing opened at 8:03 and was Appl. closed for the evening at 8:10. On the absence of objection, the public hearing on C~119 ~as continued to the Council Meeting of ~anuary 15, 1969.. B. C-120 Neale Mr. Robbins read the Planning Committee report reao~ending grant- ing of the application to,r~zonefrom "C-C" to "C-V", on certain conditionsaS listed regardiDg~additional parking spaces, access road and landscaping. He C6mmented On controls that could be eXercised.by the Ci~y's B~sihe~s'Lic~nsing ordinance. Mayor pro tam n~b~tn~ opened the h~a~i.h~ at 8:18. After a ~rief statement by b~. Neale, ~he h~arlng W~s closed for the evening at 8:23. In the absence of objectio~ ~f~ the contrary, She Mayor pro tam continued the public hearing on C-120 to the regular Council meeting of January 2, 1969. VI. ADMINISTRATIVE PL~TTERS A. Mayor Utility ~. Mr. Smith said he would represent the City of Saratoga re Element PG & E transmission lines hearing before the Board of County Gen- Supervisors on December 23, 1968. eral Plan 2. A memo was received recommended release of $1500 cash bond posted by Joseph J. Pon for grading permit. Mr. Huff stated that Chief Building Inspector~ Don Harris Port had inspected the work and found it to be satisfactory Bond r~lease end recommended release of the cash bond. Mr. Sanders moved that the cash bond for the sum of $1500 be released to Mr. J.. J. Pons; Mr. Smith seconded the mo- tion which carried unanimously. B. FINANCE 1. Payment of Claims Mr. Smith asked what Warrant'No. 10383, for $526 to Central Valley Electric covered. -3- SARATOGA CITY COUNCIL MINUTES - DEC~MIIER 18, 1968 - Continue~ Mr. Huff explained that this warrant was to pay for repair and replacement of lights d~nage in the Civic Center park- ing lot; that two were damaged some time ago by a storm, and the other~ by a car and that about e245 would be paid by the owner of the car. Claims Mr. Smith moved that the Mayor be authorized to sign War- rants No. 10359 through 10409, for the total disbursement of $19,551.37. Mr. Sanders seconded, and the motion carried unanimously. 2. City Clerk's Financial Report, November 30, 1968. The Council read the report without connnent. 3. City Treasurer's ~aport~ November 30, 1968~ The Council -read the report without couchant. C. COUNCIL COMMITTEES AND REPORTS 1. Public Welfare Mr. Smith reported that he and Mr. Dwyer had visited the property on Cox Avenue where the owner had requested re- moval of a deteriorated redwood tree; that the tree had Cox Avenue been damaged by previous topping by a utiiity company; Redwood was deliterious in its effect 6n other nearby growth and that the owners would plant shrubs along the outside of the fence to provide some:~elief from the bare fence look. Mr. Smith moved that the redwood tree so described be re- moved by the City. ~. Sanders AeC6~ded the motion which carried unanimously. 2. M~i Smith ~eported eh~t the three-wa~ ~Ontract proposal Prospect f~ the. City of Sara~0ga, City of sa~ J~se and the County .M... f~r ~m~rovemen~of ProspeCt Rbad had been referred ~o the Bridge C~y Attdrney fdr study~ D. DEPARTMENT READS A~D OFFICERS Planning Director Mr. Walker reported on the 'lack of satisfactory progress made by ~. Costa on the matter of building a housing for baffling the noisy compressors at his Family Shopping Center, 13535 Quito Road, and that a building permit had finally been taken out, as of December 13, 1968. Mr. ~obbins acknowledged the presence of Mrs. O'Neil and Mr. Cuenca in the audience, and Mr. Cuenca asked the Council for action on the noise which contined unabated after many appearances before the Council since last Sept~ ember. City Attorney Johnston explained that the City had the option to 1) proceed on a criminal complaint against Mr. Costa; 2) shut off the electricity to his market 3) file a civil injunction against Mr. Costa, or all three actions, since the market operator was in violation of the City Zoning Ordinance, a misdemeanor. After sgme discussion, in which it was deemed that the Civil injunctive process might be too slow to afford speedy relief, and that shutting off power to the market could resulf in food spoilage at the market, Mr,. Smith moved that the City Attorney be authorized to file a cri- minal complaint against Mr. Costa immediately for failure to abate the nuisance of the noise of. compressors installed at his Family Shopping Center Market on Quito Road. Mr. Dwyer seconded the motion, which carried unanimously. SARATOGA CITY COUNCIL MlbP3TES - DECEMBER 18, 1968 - Continued 2. CITY ATTORNEY _Mr. Johnston commented that the language used by the Court Loitering in a Los Angeles case involving loitering was substantially Ordinance the same as that used in Saratoga's Anti-Loitering Ordinance formed some two years ago.. 3. PUBLIC WORI~ Mr. Huff reports for Mr. Shook on the alternate plans suggested for the Maude~Quito Road intersection, dated December 18, 1968.. Quito - Maude Without objection, the mayor pro tam referred the plans to the Public Welfare Conmaittee, along with letters from F~. D. P. Arata and Dr. J. F. Ambrose. 4. CITY ADMINISTRATOR a. P~. Huff reported that on the matter of Sanborn Park, the Board of Supervisors had referred the matter to Sanborn the County Executive with instructions to ask the City Park of Saratoga if it would be interested in purchase of the site. b. The proposed agreement between Dr. Hardy and the City Dr. Hardy regarding Dr. Hardy's compliance with City buildins Agreement code requirements was discussed with Councilman Smith saying he felt more information was required. Mr. Smith moved that the agreement.be approved. subject to review and approved by City Attorney as to the agree- ment and the C~ief Building Inspehtor as to the extent of the W~rk ta be done on the H~rdy residence~ Mr. Sanders ~ee6nded the motion which carried unani- mously. 5.. ADMINISTP~TIVE ASSISTANT Fm. Higby reported that the Park and Recreation CommisSion had: Park a. Interviewed two park planning consultants and were Consultants planning to see three more candidates. Park b. Passed a resolution of concurrence proclaiming Jan- Month uary as Parks Month to stimulate citizen interest. c. Approved the action of the Saratoga Junior League and Hakone of Mrs. David Bauer in collecting the goldfish donated Goldfish by Mr. Hamilton of Argonaut Drive for planting in Hakone Gardens pond. Vii. COMMUNICATIONS A, WRITTEN Park 1. Letter from League of Women Voters re the January 4, 1968 Tour tour of West Valley area.park sites. Mrs. Wade a. Letter from Mrs. Mary Wade expressing some disagreement Re Congress with the Congress of Community Progress on an auditorium on the of Community college campus and City Police Department. Progress Leroy 3. Letter from Leroy Stephanson regarding Christmas lights on Stephanson Blaney Plaza - referred to the Policy Co~ittee. Blaney Plaza -5- SARATOGA CITY COUNCIL MI~FJEES - DECE~mER 18, 1988 - Continued 4. Letter from Mrs. Milan Popovich and other business operators of the Azule Crossing Merchants addressed to Allan' F. Hart, State Highway'District Engineer asking for a study of a left turn off Highway 85 onto the development - referred to the Public Welfare Com~nittee. , Bo ORAL None VIII. ~JOU~ Mayor pro tem bbbins acknowledged the attendance of Planning Comi- ssioner Fred. G. Crisp; ~s. Moss of the ~ ~eer~ent Group who ~journ- had coffee reedy to serve; ~. Cowen of the ~ & E and ~. Riddle of ment the ~ & T, and wished all and everyone a Merry ~%rismas. ~. Smith moved adjour~ent of the Council meeting, ~. Sanders seconded and Mr, Robbins declared the meeting adjourned at ~:04 P.M. ._"~espectfully submitted, ~ames R. Huff, City Clerk -6-