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HomeMy WebLinkAbout01-02-1969 City Council Minutes SARATOGA CITY COUNCIL SUMMAF~Y OF MINUTES TI~'.~.: THUKSDAY, JAI, IOAF~Y 2, 1969 - 7:30 P.~ ~A~: S~T~A CI'l~ COUNC~ ~RS, 13777 FRUI~A~ A~, S~A., C~IF. I. OtlG~]IEATION Mayor ~ler called the meeting to order at 7:30 P.M. A. ROLL C~LL Present: Mayor ~ler, ~Presiding; Councilmen Dt~er. Robbins, ~ith ~bsent: Councilman Sanders B. MII~S Councilman ..lobbins moved that the reading of the minutes of the )yiinutes meeting of December 1~ be ~-~aived and that they be approved as mailed. Councilman Smith seconded the motion which carried unanimdusly. II. BDS ~ CONTF~CTS A. ~IPROVEi~MT PROECT CH~GE OrdERS 1. No new change orders were proposed for consideration. III. MTITIONS OP~IN~qCES ~'~ FO?4.L~L RESOLUTIONS Ord. 33.~4 A~ ~. Huff reported that the City Attorney is preparing this Grading AT~andmen~ which is an ~endment to the Grading Ordinance'~ As he is absent the ~atter I~;as tabled for ~uture discussion. B. Ordinance No. 38.26 - Tree Ordinance - S~cond Reading Ord. 33.26 Tree Ord. ~. Smith reported that this matter had been referred to ~he Public '?/elfare C~mittee which ~hus far has not met to study it. Mayor '~ler mentioned the' 18" circ~aferance outlined in this ordinance and suggested that this maybe too small a tree uo protect as the main purpose of this ordinance was the preser- vation of spec~en trees. ~. Robbins pointed out that Section 8.73 was not ~he s~e as that proposed by the utility c~panies. However, he did prefer= the x.~ording developed by the City attorney. Ordinance 38.26 was continued to the next regular meeting. C. ~SOLUTION NO. 36-B-104 Mr. Huff explained that these streets were accepted for con- struction some time ago and the required one year maintenance Res. 36-B-104 period has expired. ?he reason for the undue delay was a dis- agreement as to who was going to pay for a t.~ali~ay to be built along Highway 85. All deficiencies have now been corrected and Mr. Huff reco~ended ~option of a resolution to accept the streets into the City Street Section and release the bond. I4oved by ~ir. Robbins, seconded by Mr. Smith and carried unan- imously to adopt Res. 36-B-10~-. IV. SUBDIVISIONS, BUILDING SI~S A~ ZONING P~QUESTS · A~ SDR-TZ~3-1 - ~easant Ridge No. 2 ~. Huff reported that this is the second unit of Pheasant Ridge. All conditions have been met, except for pa~ent of Park Land fee and preparation of a grading plan conforming to the require- ments o~ the City. He reckended approval of SDR-743-1, subject to these ~wo conditions. 1.~. Huff noted that there were mo SARATOGA CITY COUNCIL MINUTES - J~NUAR¥ 2, 1969 Conti. Res. SDR-743-1 expenditures required by the City for the ~ailroad Crossing. Pheasant There is a separate agreement whereby the developer pays the ~idge ~2 entire cost. The exceptions noted are incorporated into the resolution. The wall~ay is to be in accordmnce with the recormnandations of the PaLks and ~ecreation Commission. Moved by ~,~. ~nith, seconded by I~. i~bbins that Kesolution SDR- 743-1 be adopted with exceptions as noted. Carried unanimously. B. SD~-673 - Church of Jesus Christ of Latter Day Saiats SDR-673 Church of Moved by I,M'. 2obbins, seconded by I~-. Smith .that construction Latter day acceptance improvements in connection with SD~-673 be accepted Saints for construction only. Carried unanimously. C. SD~-747 Via Monte Drive SDR-747 Moved by Mr. Smith, Seconded by ~. ~obbins ~e, .SDR-747, for Via ~,bnte Dr. the acceptance and release of a bond for the construction of an 18' minimum access road. Carried unanimously. D. SDR-675 - Frospect High School Mr. Huff re~onm~ended acceptance of a portion of the street work 8DR-675 performed at the Prospect High School. The school District Prospect m.~arded a contract for the paving only in front of the school on High Prospect Road, to Piazza ?~Ning. ~e curb and gutter work was School performed by another contractor and is not a portion of this recommendation for acceptance. }L-. Huff recommended acceptance of only the pavement and not the curb, gutter or sidewalk. (Normally, this is one under one contract.) There are still some ', deficiencies in the curb, gutter and side walk, but these should not hold up acceptance of the work done by Piazza, which is satisfactory. Mr. Huff further stated that in the agreement between the City and the School District the City would acqept the street into the city street system upon completion. The school, district holds a bond from the contractor for one year's maintehance. There are no legal implications at this time. Moved by ~.~. L~obbins for construction acceptance of SDR-675 but not to include the curbs, g~tte~s Or Sidewalk. ~econded by Mr. Dwyer and passed unanimously. Mayor 'l~ler said that since it was not 8:00 P.M~ that.they would go on to AdministratiVe Matters and come back to Public Hearings at 8:00 P.M. VI~ A1)MINIST~,TI~ MATTERS A. Mayor i. TheI.C.C. meeting this month will be held on January 9th at Los Altos Hills, They wish to be notified of attendance not later than JanUary 7. Mr. Robbins and Mr. Smith. to attend. 2. On January 7, LAFCO will hold a hearing on the Sanitation ', District 4, Congress Springs Annexation. City staff has pre- pared applications for annexation of the area. The Council authorized filing these annexations at the hearing if deemed necessary. B. Finance 1, Payment of Claims a. Mr. Robbins asked what Warrant #10446 covered.(Public Fleet Supervisor's Association - $12.00). Mr. Huff explained that this is an organization to which the Maintenance Supervisor and Maintenance Foreman belong, dealing with vehicular maintenance problems. SARATOGA CITY COUNCIL MINUTES - JAN 2, 1969 conti. Mr. Smith moved for approval of the list of disbursements and moved that the Mayor be authorized to sign warrants. Seconded by Mr. Robbing and carrind unanimously. b. Moved by Mr. Smith, seconded by Mr. Robbins that two claims of $15,695.50 Copenhaver Construction Company and $4,475.00 by Orville Johns be denied and the matter be referred to the City Attorney. Passed unanimously. Mayor Tyler said that it was 8:00 P.M. and that we would continue Administrative Matters after Public Hearings, V. PUBLIC HEARINGS A. C-120 - CLARENCE NEALE - Continuation C-120 Mr, Robbins reviewed the Planning Committee report recoxm~ending Neale's Hollow granting of the application to re-zone from "C-C~' to I:C-V" on Rezoning certain conditions as listed regarding n~mb~_~)f. parking spaces, access road and landscaping whereby Mr, Neale would comply with these or meet the requirements by posting sufficient bond or ~ other security. Mr. Robbins Suggested Mr. Neale Be represented at future meetings atto..rney. Mr, Dwyer reported that the policy coL~dttee had met with Mr, Neale and Mr. Bastianelli. ~e parties appeared to be closer to ;: a settlement at this meeting than they had been throughout the time ~r, Dwyer had been familiar with the dispute. FIr. Neale was ~menable to a new plan which the Policy Committee had ~ro- posed. H~wever, at 'this time the other party is not amenable, · Mr, Dwyer noted that the last meeting was conducted with re- " ~ straint ~d' g~o~ ~ii 0n'~ot~ s{des. ~e fee~s that Mr. Bastianelli should be all6wed a reasonable amount of time to discuss with his attorney the proposals t~n made-at: ~he December 23 Committee mee g 'and to modify the stand he took at that meeting. ""b~friibd"df the Boli~y Comitte~ ~hat the zoning 'change not be allowed until this dispute is settled and compliance-is made with the recou~aendationa of the Planning Commission. Mr, Meals addressed the Council in a very irate manner, He pointed out that this was the fifth Public Hearing that this particular zoning request had had. He stated that he had waited three years and had been led ~o believe that a definite decision would be made at the meeting ~his evening, He stated that the Planning~par~ent had produced a plan four months ago w[~ich he had agreed to accept. Mr, D~yer explained the reason for the delay, including the fact that Visitors Commercial had not been on the books for 7 months; ~he plan ~.;hich Mr. Neale had approved was a Committee Plan which came before the Council and was opposed by Mr, Bastianelli and sent to Public Hearing.. It was then further del~m/ed hoping for an agreement between ~'h-, Neale and Fir, Bastianelli, It is the Policy Con~nittee which is requesting that this matter be delayed at this time, Mr. ~obbins suggested that l~. Meals be represe~t~H ~i~ ~s~ dealings with city attorney and l~s~ten to ,h~si'advise. ~lere was considerably more discussion regarding posting of a bond, the number of meetings, the dispute with Mr. Bastianelli~ etc, " It was moved by Mr. Robbing and seconded by Mr. D~.~er that the Public Hearing be closed for the evening and continued at the next regular meeting. T~e n~tion cI~rried unan~3ou~ly., ~e hear- in~ .which opened bt 8:00 P.M- was closed ~ 8:2~ P.M. -3- SARATOGA CITY NCIL MINUTES - JANUARY 2, 196 ~ ~conti. B. V-320 - Dr. Michael Kowitz - Denial of Application for Variance Mr. Huff stated ~hat we had received a letter since this item was placed on the Age~da requesting that the matter be continued until January 15, 1969. ~e hearing opened at 8:25 P.M. Mr. M.C~ Berg, 13985 Pike Road protested the building of a house closer to his property lines than outlined in the zoning ordinance when he purchased his home on October 24, 1958 - 30' from the front and 20' from the side. He wondered about the delay in reaching a decision on this matter. Mr. Tyler explained that ~o Planning Con~nission public hearings are required. This request was before the Council for the first time tonight. Requests for a delay are usually granted as a courtesy to an applicant. Variances are very seldom granted and are never granted without good cause. ~. Anderson, 13983 Pike Road, who stated he was also representing Mr. Martin of B~B1 Pike Road, who is out of the country, was also protesting the variance r~quested by Dr. ilowitz. He pointed out that his main cdncern was the possibility of a meeting with none of the people who were protesting in attendance because of con- flicting schedules.. This group was concerned that they might not b~ 'represented 'a~d '~ aec{si0n adverse ~o the'it' i~tere~ts might ~ be rendered. He wondered about the opportunity for an appeal. Mr. Tyler replied that there was an opportunity to appeal within ten days after such a decision has been reached. The hearing was closed for the evening at 8:38.The mayer ordered V-320 continued to meeting of January 15, 1959. Mr. ~.~yer re- quested a copy of the map covering this particular question. C. Underground Utility District No. 2-B ~v~r. Huff stated that this hearing was continued from August of last year to enable ~the City to develop more infomation on the cose 0f extendiRg underground utility service into this district so that underground utility conversion funds could be planned for this develo~e~t. As yet, ~omplete cost figures are unveil- able. ~e P. G. & E. advises they are awaiting Some more concrete development plans from on~ of the properties in the area before they can give us this ~orma~ion. The Mayor op~ned tMe Public Hearing at 8:40 and ordered it continued to February 19, 1969. Public Hearing closed for the evening at 8:40 P.M. ~MI~!I$T%ATI~ ~h'~T~RS~ C~ 'D. C. ~uncil Coranitte~s & Reports ~k'. Sraith reported on a P.G.E. ~ransmission line in the foothill area to the West and South of ~he City. ~e City.'. P. G. & E. Council was ~vised only a month ago that a major p~er ~ansmission line was going to be located in this hillside area. ~ere Line was a hearing before ~he Board of S~ervisors on December23 during wi~ich they were ~o consider a Utility ~naral Plan. In its concept, it is the s~e as a general plan pertaining s~ecifically ~o location of p~er and gas lines. The purpose of Mr. Smiti~'s appearance before the Board of Supe~isors was to protest a line from i,btcalf to ~Dnte Vista, ~pecificslly a 11/2 mile section fr~ Scott River Reservoir to Paul Masson. ~.~e reason f~r concern was that the line goes over ~he eastern face of the mountains and can be seen from the City of Saratoga, although it is outoid~ the Cit~ limits. Mr. ~;mith added ~hat the P.G.& %. was very a~ious to do all they could to screen power poles. ~e lines that will be on the ridges are not on the topmost mountains. ~e P.G.E showed interest in meeting wi~h Public Welfare or other c~i~te~s in order to work these things out for the best as far as City of Sara'toga, as well as the P.G.& E. were concerned. Mr. :~ith reckmended that we do meet with the P.G.& E. and do all w~an to minimize the effect ot these lineS. May~r ~ler f~rred' th~ ~lt'~er to~the~ Public Welfare C~ittee. VII. DEPARTMENT HEADS AND OFFICERS 1. Planning Director F~raity i4r. !'.~alker reported that Mr. CosCa had buil~' a housing to baffle Shopping the noisy compressors at his Family Shopping Center, 13535 Quito Center P,d. r~le structure appears to be substantially built and ~{ill be tested. Therefore, no criminal cc~nplaint was filed. }k'. Ualker stated that an item had con~e up before the County Planning Commission this afternoon concerning property on the Protest South side of Westmoot Avenue between San 7]lomas and .~.uito lid. Zoning '~lere was an application for change of zoning fr~ P.-1 to ~-3, L~equest which covers n~edi~ density multiple dwellings. ~le c~plex in- ?Jestmoot volves five acres, ~0 units - a c~bination of apartments and Ave. duL}lexes. This was the first hearing. Mr. Walker appeared and objected to it on behalf' of ~he City of Saratoga, the main reason ~eing it would create a precedent. Houever, the C~ission voted 4 to 1 to reckend it to ~he Board of Supervisors. San Jose did not oppose it officially. It was decided that if San Jose is interested in opposing this request, we will cooper~e. 2. Director of ~blic Uorks. Mr. Shook reported ~hat the contractor for ~he Verde Vista ~erde ~provement Project has requested acceptance of the project. =/ista Punc~t lis~s have been mMe and all deficiencies have been taken Improvement care of. Projects Moved by ~. llobbins and seconded by ~,~'. Smith that Council accept ~hi~ project~ nnd muthorize fitir=~ ilotice of Cok~ptetion;Carried Unanimously. 3. Administrative ~sistant a. ~.~. Higby reported tha~ $2,500.00 had been b~ge~ed for l~blic Trans replacing public trash cans throughout ~he City. ~y Cans interested parties are invited to respond with opinions on an appropriate design prior to next Tuesday for sub- mission to Policy Cor~it~ee. b. ~]tatus of Park Consultant Interviews Park and Xecreation Commission have had one fomal interview Park and will be interviewing four o~l~er candidates who are well Consultant qualified. ~ley hope to reach a decision within the next ~wo weeks. VII. CO~{,]ICATIONS 1. Letter fr~ Lee Case, a member of the Co~ittee for Santa Convention Clara Convention Center area requesting City participation Center in an $18,000.00 study to be perfoxed by Stanford [lesearch Institute. fieferred to Public Welfare Co~ittee Letter from Transportation Policy Comittee in response ~o a leC~er we wrote objecting to the fact that they were holding their meetings on ~he Cour~il me~'ting night instead of on the second Wednesday as scheduled. ~le Chai~an had asked if there were any members interested in cllanging the meeting night, and there was no interest sho~. ~e meetings will continue to be held every second Uednesday and care will be taken to aboid conflict with membe~ city ' s meeting nights. B. 02~ ~.~. Neale again addressed the Council saying he had changed his mind, wanted no p~rticipation in the road or landscaping and did -5- :]AKATOGA CITY ~OUNCIL MII~JTES J~x~'L 2, 1939 con~i. Clarence Neale Withdrawal of not wisl: his zoning request up for public hearing again. application for zoning change. Mr. Fos~er c:~ Pierce Road had received a communication from a Mr. Gi~.nrL~mi in the City Atterney's office, regarding a swinEaing pool constructed for him by Anthony Pools. The letter was dated December 27 and postmarked De. cc_=~ber-30',i968. Me had received no other communication and was apparently liable for leBal action as of January 3, 1969. Mr. Tyler requested that this matter be checked out with Building Inspector, (Chief) who is presently on vacation. ~ir. i',obbins wondered whether the individual or the contractor is responsibile when a pool does n6~ meet the specifications required by the City Building Department. Mr. Smith replied that generally the contractor is the agent of the individual who hires him, and the individual is held respomaible. VIII. ~JOURi, R~ENT ~,iayor Tyler acknowledged the attendance of Commissioner itraus and Mrs. Eunice Stark of the GSod Government Group who had coffee ready to serve. Mr. ]lobbins moved adjournment, ~,~-. ~;mi~h seconded, and Mayor Tyler declared the meeting adjourned at 9:10 P.M. Respectfully submitted, J. R. Huff -6~