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HomeMy WebLinkAbout04-16-1969 City Council Minutes SARATOGA CITY CODNCIL MINU~ REGULAR i~ETIi'IG TIME: WEDNE~DAY, APRIL 16, 1969 - 7:30 P.i,L PLACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FP. UITVALE AVE., SAPSTOGA, CALIF. TYPE: REGULAR MEETING i. ORGANIZATION Mayor Tyler called the meeting to order at 7r35 P.M. A. dOLL CALL PRESENT: Councilmen Tyler, Robbins, Sanders, Smith, Dwyer ABSENT: None B. MINUTE S Minutes Mr. Robbins asked to amend page 1, paragraph 3, to read ;lAg a result of an item on page 8 (March 19, 1969)" and delete "said the infor- mation stated on page 8 of the minutes was correct, Mr. Smith moved and Mr. Robbins seconded that the Minutes of the regular meeting of April 2, 1969, be approved as mailed and corrected; the motion carried unanimously. II, BIDS AND CONTRACTS A. CONSIDERATION OF BIDS FO~ CONSTRUCTION OF CITY HALL ADDITION As the Council codsidered ~he revised set of plans,- Mr. ~obbins City Hall explained that most of the sheer wells were retained; ~'hat separate Addition entry sections were allocated for each department; that there would be less interruptlob of city staff services; and that the new design represented a substantial saving of dollars. Mr. Robbins moved and Mr'. Smith seconded that the Planning Committee report directing the City Clerk to readvertise for bids on the modi- fied project be approved; the motion carried unanimously. III. PETITIONS, ORDINANCES AND FORMAL KESOLUTIONS A. ORDINANCE UO. 38.28 - AMENDING CITY CODE TO PROHIBIT ISSDANCE OF BUILDING PEPd~ITS ~fMTIL PREVIOUS VIOLATIONS ARE CORRECTED - Second Reading Ord. 'No. Mr. Huff stated the ordinance had been introduced at the last regular 38.28 Council meeting, the reading had been waived, and now was the time Building for adoption. permits not to be Mr. Smith moved, and Mr. Dwyer seconded that Ordinancei]o. 38.28 issued under be adopted; the motion carried unanimously. certain cond i t ions B. RESOLUTION NO. 475 - SARATOGA CA}rPUS ASSESS}~NT DISTP, ICT - APPROVING PAYMENT FOL~ EXTRA WORK Mr. Smith read the Public Welfare Committee report recommending ~es. 475 adoption of ~!esolution No. 475. S. C. Assessment Mr. Robbing moved and Mr. Dwyer seconded that ~esolution No. 475 be District adopted, and the motion carried unanimously. C. RESOLUTION NO. 478 - SAP~ATOGA UTILITY COO~/)INATING COMMITTEE ESTABLISHING COMMITTEE, DESIGNATING MEMBER AGENCIES AND OUTLINING DUTIES Ai, IO RESPONSIBILITIES. Res. 478 Utility Mr. Smith read the P~.blic Welfare' Conm~ittee report, deleting the Coord. word ';J~derground': from the cgmmittee title. Conmmittee Mr. Smith moved formation of tile Saratoga Utility Coordinating Committee with membership and duties as contained in Resolution No. 478; Mr. Dwyer seconded the motion, Resolution No. 478 was adopted unanimously. SARATOGA CITY C bIL MINUTES CONTINUED D. ~ESOLUTION NO. 36-B-107 - RESOLUTION A£CEPTING DEDICATION OF STREETS TRACT NO. 4090 Res. Mr. Sanders moved, and Mr. Robbins seconded adoption of liesolution 36-B-107 No. 36-S-107, which was adopted unanimously. E. RESOLUTION NO. 36-B-108 - RESOLUTION ACCEPTING DEDICATION OF STREETS TRACT NO. 3998 Res. Mr. Robbins moved, and Mr. Sanders seconded adoption of Resolution 36-B-108 No. 36-B-108, which was adogted unanimously. F. ORDINANCE NO. NS-3.19 - AN O?~INANCE AMENDING ORDINANCE NS-3, THE ZONING ORDINANCE OF THE CITY OF SARATOGA BY _RESTRICTING USES IN "CN" AND 'CCII ZONING DISTRICTS TO THE THEREIN-SET FORTH LISTED USES. Ord. No. Mr. Huff explained the ordinance contained examples of what might be NS-3.19 used for C-N and C;C zoned districts, and was not exclusive of other uses, and that now was the time for introduction. Mr. Robbins moved that the ordinance No. NS-3.19 be introduced, and the reading waived; Mr. Dwyer seconded the motion which carried unanimously. In the absence of objection, 14ayor Tyler declared Ordinance No. NS-3.19 introduced, and that a public hearing be set for the next regular Council meeting. G. ORDINANCE NO. 38.29 - AN ORDINANCE ADDING ARTICLE VIII TO CHAPTER 4 OF THE SARATOGA CITY CODE, RELATING TO SWIMMING POOL SERVICING. Ord. No. 38.29 Mr. Johnston explained that the ordinance was designed to bring Saratoga City COdes in line with County ordinance on the same matter to assure that only qualified personnel would be .employed to service swimming pools. He added that courses of intruction were being offered so personnel could complete the course, and meet County Health require- ments. Fir. Smith moved and Mr. Robbins seconded, that O~dinance No.,38.~9 be introduced, and the reading waived, and the motion carried unanimously. In the absence Of objection the Mayor referred the matter to the Public Welfare Committee. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-796 - A. L. H~aNSON SDR-796 This request was continued to the next regular Council meeting. B. SDR-732 - FFd~NKLIN HOMES 8DR-732 This request was continued to the next regular Council meeting. C. SDR-775 - DR. MICHAEL KOWITZ SDR-775 Mr. Huff referred to two letters from Mrs. Kowitz, and to, the Public Welfare Conmittee report, which was read aloud by Mr. Smith. Mr. Huff said conditions required expressed .the Planning Commission's advise. Mr. Smith moved, and Mr. Robbins seconded adoption of ResOlution No. SDR-775-1 - Resolution granting conditional final site approval to Dr. and Mrs. Kowitz; the motion carried unanimously. To Mrs. Kowitz, present in the audience, the Mayor suggested that she might confer with Mr. Huff and Mr. Walker at meeting recess, to clarify any questions she might have. D. SDR-738 - DON MCCORMACK Mr. Huff said all conditions had been met for site development, except for the two listed in the formal resolution. ~. Johnston commented that the condition requested by the Flood Control District regarding dedication could not now be properly imposed by the City, since the lots presently being proposed for development were not contiguous to the creek; however, the condition could be imposed at 3ome later time, when any subsequent subdivision laid out would include land through which the creek did ~un. .~I. ~ .~ SAPSTOGA CITY CiCIL MINUTES CONTINUED SDR-738-1 Mr. Robert McNames of San Jose, representing the applicant, said he Tract considered the case to be fairly stated, 4651 : Final Map In ~espensa to a question f~om ~,~. Sanders, ~. Jo~nsto~ said the Approval power ~o impose conditions was a power of ~he District, just as in the case of dedications require~ by the State Highway Department, and that the City could not be considered to have neglected a duty. Mr. Sanders moved adoption Of Resolution No. SD-738~1, approV{ng finalmap o~ Tract 4651, Canada ~ista, as written, excepting~hat condition 1, requiring Flood Control District clearance, be deleted; M~ Robbins seconded, and the motion carried unanimously. E. SDR-~64 - SARATOGA FOOTHILLS D~VELO~dENT CO. Mr. Huff said that all conditions had been met; and that the Design Review Committee had studied the site, and concluded that while one SDR-764 entr~ would be preferable, a dual entry in this Case was acceptable. Mr. Bernie Turgeon, representing the developer, said Conditign M was related ~o final determination of Saratoga Avenue planlines. Mr. Shook commented that those lines were being studied now, and that the applicant~s offer of dedication was the maximum required. ~. Robbins moved and [~. Sanders seconded adoption of Resolution No. SDR-764-2, and the motion carried unanimously. Without objection, the Mayor referred the question of the reimburse- able storm drain fee, to the Public Welfare Committee; and the ques- tion of park fees to the Planning Commission. V. PUBLIC HEARINGS A. ORDINtqCE NO. NS-3.20 - REQUI~ING ALL PUBLIC UTILITIES TO BE INSTALLED UI~)ERGROUND IN ALL ZONING DISTRICTS OF THE CITY Second Reading Ord. No.. In response to a question from the Mayor, regarding certain changes NS-3.20 proposed by the Public Welfare Committee for the ordinance, Mr. Under- Johnston said that minor changes for clarification only would not ground require another public hegFing, if introduced during the present utilities meeting. The Mayor declared the public hearing open at 8:30 P.M. ~. Smith read the report of the Public Welfare Committee on some changes in the ordinance, and recommending adoption of Ordinance NS-3.20, incorporating the changes. Mrs. Kowitz asked if the ordinance affected SDR-775, approved earlier in the meeting, but ~. Walker said the ordinance applied only to existing structures. Mr. Robbins moved and Mr. Sanders seconded that the hearing be closed; in the absence of objection, the Mayor declared the hearing closed at 8:38 P.M. ~. Smith moved adoption of the Public Welfare Committee report, with its changes, as recommended by P.G. & E. and by P.T. & T, and in- corporation of these changes into the wording of the ordinance, and that Ordinance No. NS-3.20, as re-worded, be adopted; p~. Robbins seconded the motion, which carried unanimously. B. P~SOLUTION Me. 479 - ESTABLISHING ~DERGROUND UTILITY DISTRICT NO. 3 R~s. 479 Mr. Huff commented that this resolution was related to Resolution No. 399-4 adopted at the previous Council meeting, and that the matter as written incorporated the Planning Committee;s recommenda- tion. ~I~. Robbins read the report of the Planning Committee. The Mayor declared the public hearing open at 8:43 P.M. Mr. tluff added that some slight re-wording might be required for the resolution to allow installation of a temporary power pole behind the City hall office until the corporation yard was fully laid out. SARATOGA CITY C IL MINUTES CONTINUED ~ere were no comments fro~ the audience. Mr. Robbins moved and Mr. Sanders seconded that the public hearing be closed; in the absence of objection, the Mayor declared the hearing closed at 8:45 P.M. Mr. Robbins moved and Mr. Sanders seconded that Resolution Mo~ 479, as re-worded to include the temporary pole until complete underground- ing of all utility lines for the civic center, be adopted as amended; the motion carried unanimously. ~e Mayor declared a recess at 8:47 P.M. The Mayor called the meeting beck to order t 9:05 P.M. VI. ADMinISTRATIVE MATTERS A. MAYOR Maygr Tyler commented that the Board of Supervisors had referred the If. question of additional library facilities for the City to the County ~ Library Commission, and that the action was as expected. B. F!~N~CE 1. Payment of Claims In answer to Mr. Robbin'S question on Warrant N0. 10860, Mr. Huff said this was to pay for replacement of broken windows at Hakone Gardens. Mr. Smith moved disbursement of Warrants No. 10814 through No. 10868, and that the Mayor be authorized to sign the warrants for ti~e total of $24,441.35; Mr. Robbins seconded, and the motion carried unanimous- 2. City Clerk's FL~nancial Report ~e report was read by the Council without comment. Mr. Huff noted that a small discrepancy between the reports of the City Clerk and the Treasurer was due to not posting a time deposit check not written off the City Clerk's posting. 3. Treasurer's Report The report was read by the Council without oral comment. C. COUNCIL COMMITTEES ~qD REPORTS 1. Public Welfare Mr. Smith read the report, titled "Affirmative Action Fair Employment Ordinance'; was the result of several months of research, including visits and conferencing with Pal0 Alto on action taken by that City; Proposed he added that positive results to encourage employment of minority Affirmative persons had been gained by Palo Alto, and that while their ordinance Action was rather complex, and could be simplified, its essentials could be Fair applicable in SaratOga. Employment Ordinance In response to Mr. Sanders, b~. Smith said he thought the minimum of $5,000 could be set for contracts that might come under the ordinance. After further discussion, I/it. Smith moved, and Mr. Robbins seconded that the committee report be adopted; the motion carried unanimously. 2. Planning Committee Mr. Robbins read the committee report of recommendations for defining Saratoga and setting Saratoga Avenue plan lines. Fir. Smith moved, and Mr. Avenue P~bbins seconded that the report be adopted; the motion carried Plan~ unanimously Line Mr. Robbins reported orally on the committee recommendations offered by the Congress for Community Progress on civic beautification saying SAPSTOGA CITY C CIL MINUTES CONTINUED thnt~ lJ, a citizen volunteer committee ~I~O~med to be~Taction_ ~r,_~ _~!-bo_~dy,coul~. ,~,,~! be an asset to the city; 2) that it would have no formal status, but could be started by the city and manned by paople who want to beautify their neighborhoods, entries, or other Formation streets; that such a group might operate on the sac basis as had of Sara- "SIRS" in the matter of Hakone Gardens improvement; that 3)citizens toga Civic might aid in informing the Planning Director's office of certain Beautifica- violations, such as parking house trailers in driveways, or of illegal tion signs. Comnittee action by lie added that/such a committee ~hould not: 1) duplicate ~ctions,~of~ existing _ organizations such as design review Comm~itte~'of the Planning-Commission & '_.Parks &fEecreation Commission; 2) involve expense, by starting a project and having costs of maintenance up to the City; 3) have a formal connection with the City; 4) be given substantial financial support by ~he City; 5~ that it (the committee) originate because individual citizens show interest; and that 6) the group should work in harmony with the City, with the added suggestion that the Planning Director be an ex officio member, The organiza~ion ~h~mVCom~ntttee~ could best be left to the citizens wan}ing. to f0r~'s~uch a group, but should be fairly simple.' It might=~e .~erned by ~ steering committee, drawing representatives from various home- owner and service clubs. It could be started, perhaps by the mayor's letter being sent to groups that might be interested in participation; appointing of a temporary chairman, and then leaving organization andsprojects to the members. Mr. Robbins added that an appropriate time to get started would be during ~qational Beautification Week, May 4 through'lO. Mr. Shelley Williams, of the Congress, spoke from the audience, expressing his appreciation of the Committee~s report, and adding that he had already received some volunteer offers of help from interested individuals in Saratoga. Fir. Robbins moved that the Council declare itself in favor of the formerlin of, a Saratoga Civic Beautification Committee of Citizens; Mr. D~yer seconded the motion, which carried unanimously. 3. Policy Con~nittee Mr. Dwyer read the committee report recommending granting per- League of mission to the League of Women Voters to conduct a wine-tasting Women party to celebrate the Leaguers anniversary at Hakone Gardens, A?ril Voters 27, 1969. Mr. Smith moved, and b~. ~obbins seconded that the recommendation be adopted, and permission so granted; the motion carried unanimously. D. DEPA~TP~NTHEADS ~D OFIICERS 1. b~. Walker reported that Osterlund Enterprises had been unable to negotiate purchase of land needed for a right-of-way for an access road required by the Planning Commission for a site on the west side of Highway 85. In the absence of objection, the Mayor referred the matter to the Planning Committee. 2. ~. Shook said he had nothing to report. 3. Mr. johnston said all his reports were in t~riting to t~e City. E. CITY ADMINIST'!~TOR 1. b~. Huff referred to the Planning CommissionIs re~ort on the proposed Congress Springs Annexation, stating that the next step was for the Council to adopt a ~iinute ~esolution of consent to annexation proceedings, and that a meeting could be set for the next Monday night, for a hearing from interested residents. SARATOGA CITY C IL MINUTES CONTINUED Hr. Robbins moved, and Mr. Sanders seconded adoption of a Hinute CongreSs Resolution granting Council Consent to commence annexation proceedings Springs for the area designated as Congress Springs ~nnexation 1969-1 (b) to Annexation the City of Saratoga; the motion carried unanimously. 2. Mr. Huff referred to some problems of er6sion to be dealt with by the Public Works Department, with some questions Of priority. In the absence of objections the M~yor referred the matter to the Public Welfere Committee. 3. A reported complaint from a resident on Merribrook regarding Fruityale Street lights shining into his windows was referred by the Mayor to the Public Welfare Committee, in the absence of objection. Spring Clean-up 4. Mr.. Huff reported that May 16, 1969 had been set for the annual May 16 spring trash cleanup by Green ~alley Disposal Co. = 5. Mrl Huff reported that the Public Welfare Committee members had visited the home of Dr. Hardy and confirmed the previous finding that openable windows should be installed in the house bedrooms; he asked that an official notice for compiiance be sent to the doctor. VII. COMMUNICATIONS A. WRITTEN 1. Mr. Johnston commented that the letter dated April 7s 1969 from Mr. Robert Lillo required no action, as no request was stated, Mr. R. or claim submitted. Mr. Shook said the chucP~oles due to the storm, Lillo had been corrected. Mr. Sanders suggested the matter be turned over rOutihely to the City's insurance carrier~ and in the absence of objections the Mayor so ordered. 2. Mr. Huff called She 80uncll's attention to the City of San Jose Council of letter ~e planning for the agings subject of a conference on April 30th, Aging and to the letter from FMC Corporation relative to the ICC Council meeting snd decisions re use of the United Fund serving as a clearing house of information regarding charitable solicitations in the County. 3. No action was required for letters from Campbell residents regarding rezoning of property on the easterly side of More Avenue; Mr. Welker reported that the County Planniu~ Commission had already acted, recommending denial. Mrs. 4. The letter of Mrs. Appleby making an offer of land for the library Appleby facin~ on Park Place was referred to the staff for chec~ing. B. ORAL Mr. Willys Pecks representing the Seretoga HIstorical Foundation, Present stated that use of existing library building on Oak Streets when Library- available, would be considered as an ideal location by the group~ Historical especially because the old "Marsh Homes" now in I~ildwood Park. was in poor condition, andswould have to be moved when =the lake was developedo ')ft. Peck agreed that the building could be demolished. Mr. Robbins moved and Mr. Dwyer seconded that ~he Council declare its intent to extend use of the library buildings when available, to the Saratoga Historical Foundation for use as a history museum; the motion carried. VIII. ~DJOURNMENT There being no further business, Mr. Robbins moved and Mr. Sanders seconded that the Council meeting be continued to Monday, April 21, 1969 at 7:30 P.M. In the absence of objection, the Mayor so declared. Respectfully submitted,