Loading...
HomeMy WebLinkAbout05-21-1969 City Council Minutes SARATOGA CITY COJNCIL MINUTES TIME.: WEDNESDAy,: ~MAY 21, 1969 PLACE: gARATOG~ CITY COUNCIL CHAMBERS, 13777 FRUITSALE A~., SARATOGA, CALIF. TYPE: ~EGI/LAR ~ETING ORGANIZATION ~ayor Tyler called the meetin~ to order at 7:48 P.M. A. ROLL CALL Present: Councilmen Tyler, Robbing, Dwyer, Smith, Sanders Absent: None B. MINUTES Mr, Sanders asked that his comment on page 4, his second statement from the bottom of the page be amended to reedr " . Was requiring him to furnish a fee title'm, instead of" . To pay a fee". Mr. Sanders also asked that on page 6, his first statement on that Minutes page be revised to read:" . there is danger to life or to property . ." instead of" to people or to property". Mr. Tyler asked that page 10, third paragraph from tile top be revised to read: ". , . Mr. P, obbins moved. .", not ..."Mr. Tyler. " Mr. Robbins noted that a typographical correction wee needed on page 11, regarding Hakone Gardens- t~e figure should read "..$1,024.00" not "..$10.24. " Mr. Robbing moved and Mr. Sanders seconded that the Minutes of the Regular CoUpqil' Meeting of May 7, 1959, as mailed and amended, be approveS; the motion carried unanimously. There followed a general discussion of appropriate length for reporting of ~inutesl with Mayor Tyler commenting that the record of May.?th might be too lengthly, placing an undue burden on staff, and that possibly it was only required to ~ecord de~isi0ns. ~{r. ~obbins said 'it was convenient tO look back upon decisions, and review reasonS. for decisions. Mr~ Smith added that these could be helpful to others. Miss Walah, who h~d recorded the meeting, stated that since some complex and delicate matters were involved, with Specialsreference to the Franklin Homes property,~effe had declined ~o exercise any editorial decisions, leav~ng the report to the discretion of the City Clerk for any requisite elimination or editihg. Mayor Tyler noted that perhaps in the f~ture, the staff could perhaps print less, but keep on file one complete set of the Minutes, for reference [f needed, and that the City Clerk could edit as appropriate, for brevity, in the copies mailed out. ~IDS ~qD CONTRACTS t C6NSbkRATIO~ OF BIDS - - CONSTRUCTION OF S~ORM DNAIN ON Q~i~O ROAD BETWEEN PASEO LADO AND MCCOY AVENUE. (continued from May 7, 1969~ Qdi~o ~tO~m Mr. ShOok referred to his memo of May 21, 1969, not~n~ tha~ Drain Staf~ ~eview ha~ indicated that estimates received in excess of Ori- Sinai S~aff.es~ima~s were based upon the qU'ality ~ back~]l!ing* ~hat reductions could be obtained, ba~ed upon use Of dative mater~al, instead o~ ~and f~r ~aekfill~ and bY u~iliz~ti~" 0f e~s~g ,tre"~ p~v~ng as b~se for paving' that such reductiontico~l~ reduce dow~ ~o $28,984.14 fO~ the project. ' Mri ~mith moved a~a M~. Dwyer seconded approval of Mr. Shook's ~emd; ahd ~ha~'theI contract for Quito Road Storm Drain be awarded to ~he low bidder, M.L, Raymond, for a total of $28,984.1~: the motion carried unanimously. B. OI/E~SISE STORM S~,WER REIMBURSEMENT AGREEMENT -SDR~I534 - G.L, Gutlay SD~-634 After review of ~h~ oversize storm sewer reimbursement agreement Reimb. relative to th~ 5.2~ - acre parcel on Prospect Avenue, includinE A~ree't. Sarqtoga City Council Minutes 5/21/69 Page 2 Exhibits "A" and "B" relative to SDR-634, Mr. Sanders moved and Mr. Robbins seconded that the Mayor be authorized to sign the agreement, and that it be executed as stated; the motion carried unanimously. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A- SDR-796 - A.L. Hanson - CONTINUATION OF REQUEST FOR RECONSIDERATION OF UNDERGROUND UTILITY REQUIREMENT IN CONNECTION WITH BUILDING SITE APPROVAL FOR ONE LOT ON DOLPHIN DRIVE SDR-796 Mr. Dwyer moved and Mr. Sanders seconded that the report dated Hanson May 15, 1969, by the Public Welfare Committee, be accepted, and Mr. Hanson's request be denied; the motion carried unanimously. Mr. Tyler commented that the primary purpose of the ordinance was to do away with poles and lines, a visual situation, and that there were cases where these would not make one iota of difference in visual effect. This was not true in the present situation, where the crossing of two lots was involved. Mr. Smith said it was very difficult to go beyond policy statements in detailing conditions for some lots, as in the case of the last one in a development, and there were also questions of cost and topography to be considered. Mr. Hanson said he had asked for a waiver because of spiralling home building costs (of concern to all), and that undergrounding in this case wouldn't really benefit anyone; that he was infavor, gener- ally, of the city's undergrounding ordinance, and that he had received - no response to his inquiries from either the City or the P.G & E. regarding some five poles on Allendale that probably should have been' removed at the time of building the college; and that the present case might be a case of double assessment, by bringing in lines from the rear of all lots on Dolphin Drive. B. SDR-788 - LAWRENCE E. POHL - CONTINUATION OF REQUEST FORRECONSIDER- ATION OF UNDERGROUND UTILITY REQUIREMENT IN CONNECTION WITH BUILDING. SITE APPROVAL RELATIVE TO UI~DERGROUND UTILITIES SDR-788 In the absence of a report from the Public Welfare Committee, the Pohl Mayor continuted the matter to the meeting of June 4, 1969. C. SDR-807 - JOHN D. JOHNSON - CONTINUATION OF REQUEST FOR EXCEPTION FROM CONDITION OF BUILDING SITE APPROVAL FOR ONE LOT ON THREE OAKS WAy SDR--807 Mr. Smith read the report of the Public Welfare Committee dated May Johnson 20, 1969, recommending that Condition II-J be revis~d~to read: "J. Corridor to existing home to be approved to 18-foot m%nimum access road standard as approved ~X the Public Works Director." He added that the underlined words represented the suggested~'Ch'~dge, and that the site was exceptioaally beautiful. Mr. Smith moved and Mr. Dwyer seconded adoption of the report of the Committee on SDR-807; the motion carried unanimously.. D. SD-797 - TRACT 4673 - OSTERLUND ENtErPRISES, INC. - FINAL MAP APPROVAL 38 LOTS ON SARATOGA -SUNNYVALE ROAN; SD-797 The Mayor noted that consideration might be delayed, in View of...tdle fact that Mrs. Mathis, owner of the property across w~ich of-way was'needed for the requi'redsecgnd accesS,lwas unaware.Of what was about to happen during Council ~essiOp. Mrl D0Ug~.~s A~ams, attorney representing Mrs. Mathis, asked delay o9 the matter, and.'~hat there be a further meeting of tile pa~[ies with the COuncil Planning~ Committee. ! ! M~. Bud Schulte, of McKay and Somps, engineerS, s~at~ that a cqnT sidetable amount of money had been e~p~nded in engineering and mapping the site, relative especially ~o t~e seCq~ a~es~ road, ',~ ,,-i and that it might be possible to grant the final m~p, including the '-~'~ four conditions stated, by posting bond for coadit'ioaNo. 3, fOr the secondary access road. Saratoga City Council Minutes 5/21/69 Pag~ 3 The Mayor asked the representative of Osterlund Enterprises if he could contact his principal to determine his attitude before the "' close of the Council meeting, and continued the matter to a later point in the meeting to allow time for such contact. E. SDR-680 - DON LJEPAVA - ACCEPTANCE OF IMPROVEE~NTS FOR CONSTRUCTION DEBBIE LANE ~DR-680 Mr. Shook red his memo dated M~y 19, 1969, recommending acceptance Ljepave of improvements for construction only. Mr. Robbins moved snd )~. Sanders aeeonded, acceptence of improve- menta for construction only for SDR-680; the motion carried unani- mously. V. pUBLIC HEARINGS - 8 P.M. A. v-326 - MAURICE KERNER - CONTINUATION OF REARING ON APPEAL FROM PLANNING COMMISSION DENIAL OF A VARIANCE TO ALLOW A 15-FOOT SETBACK IN LIEU OF THE REQUIRED 25-FOOT REAR YARD SETBACK FOR CONSTRUCTION OF A FAMILY ROOM ON THE PROPERTY LOCAi'mD AT 12791 lONE COURT V-326 Mayor Tyler opened the public hearing at 8:32 P.M. " Kerner Mr. Robbins read the report of the Planning Committee on V-326, dated May 21, 1969, recommending that the requested variance be granted Mr. I~erner, and that an emergency ordinance be adopted prohibiting construction of accessory structures within require~ ~esidential backyaMs. Mr. Smith commented that ~wo issued were involved - one regarding ordinance loopholes to be corrected, and the second regarding the variance, including consideration of protection of neighbors and open space. Mr. Sanders noted that the applicant had already taken out a building permit for a separate structure, as was within his rights, and that the flaw lay within the zoning regulations in regard to open space concepts in backyard space. Mr. Kerner, said the most important aspect of the regulations was to conserve open space, that the variance would not infringe on such considerations, and he was not trying to overbuild on his lot, in respect to legal setback lines vs percent of land coverage. Mayor Tyler stated that the ordinance, right or wrong, in respect to building additions, required a 25-foot setback, and that the Council like the Planning Commission, had to make findings in accord with law, and that the neighborsl approval or objection to the variance did not affect the variance. Mr. Sanders reiterated the five criteria that were reviewed, and that it was a question of whether all five had to be found; for instance,! the ordinance stated "hardship" but did not state hardship to whom, the owner or the neighbors; that it was necessary to look to the ?ublic good in making decisiOnS. Mr. Dwyer noted that most people with the situation of enlarging a dwelling to meet needs of a growing family either had to build within ordinance requirements, or move~ or forget it, and that it was hard see how Mr. Kerner was entitled to a variance in this case just to avoid constructing a separate structure. Mrs. Karner stated t~at adding to the house would be preferable in that planrings screened such addition from the neighbors' view, whereas trees would have to be removed to allow a separate structure;. Planning Commissioner Metcalf stated that he regarded the situation as one where granting the variance would be equivalent to submitting. to blackmail. Mr. Sanders replied that the Council was not in a position of judging motives, and was not arguing wi~h the Commission's findings, but that the Council had to address itself to the welfare of the neighborhood. Saratoga City Council Minutes 5/21/69 Page 4 Mr. Robbins stated that to some degree he was in agreement with Mr. Metcalf, but that the Council had to be flexible to meet the sit- uation. Mr. Smith said he did not consider the Kerner action to be blackmail. Mr. Kerner said he was not aware of what measures he could take until the last Council me~ting, nor of the Emergency Ordinance and not until later had he prepared drawings for a separate structure. Mr. Higby asked if the separate views of the Council wer~ to be recorded, and Mr. Smith replied in the affirmative. Mr. Robbins moved and Mr. Sanders seconded that the public hear~Bg~,b~ closed, and in the absence of objection, the Mayor declared the hearing closed at 8:5? P.M. Mr. Sanders moved and Mr. Robbins seconded approval of the Committee report. Mr. Dwyer asked if the Committee had met with the Planning Commission, and Mr. Robbins said that he and Mr. Smith had met and discussed the! matter with Commissioners Lively, Smith and Xrause, who communicated with other Commission members, and had also met on Monday with Mrs. Kerner. The roll call vote results on the motion were: Ayes: Councilmen Robbins, Sanders, Smith Noes: Councilmen Tyler, Dwyer The motion to approve granting the variance requested by Maurice Kerner, No. ~-326, csrried by a vote of three to two. B. ORDINANCE NO. 3E-7 - A TEMPORARY INTERIM ZONING ORDINANCE PROHIBITING ~ THE CONSTRUCTION OF ANY ACCESSORY STRUCTURES IN REQUIRED REAR YARDS OF ALL LOT IN R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICTS. (Alternate I, exception per Section 1.) Ord. 3-E-7 Mr. Johnston said he had reviewed both proposed drafts, including' Alternate No. I that he found both in proper form; and that he would suggest Alternate No. 1 over the other draft. Mr. Robbins said he favored, to avoid variances if possible, adoption of No. I, since its Section 1 was more flexible and allowed necessary structures for swimming pools in lots of acre size. Mr. Johnston stated that an emergency ordinance did not need to be introduced, but that it must be read in full before voting. Mr. Higby read Ordinance No. 3E-7, Alternate I, alend in full. Mr. Robbins moved and Mr. Smith seconded adoption of Ordinance No. 3E-7 Alternate I. Mr. Robert Crane stated that, as a developer, he had wide building experience in many communities, and urged the Council to allow consideration of construction people and their opinion before adopting the ordinance. Mayor Tyler answered' that the emergency ordinance would be effectiv~ for 90 days only, unless extended, and would allow time for study o~ the matter; that when a permanent ordinance was drafted, public hearings - a number of them - would be held. Mr. Norman Martin, of Prides Crossing Homeowners Assn. said that the present situation would exist not once, but many times, and there might be a lineup. of people to get permits. In action on Mr. Robbins' motion to adopt Emergency Ordinance No. 3E-7, the motion carried; Councilman Sanders asked that the Minutes note that he obstained. B. V-327 T DITZ-CRANE - PUBLIC REARING ON APPEAL FROM PLANNING CO~4ISSION DENIAL OF A VARIANCE FROM SECTION 3 OF SARATOGA EMERGENCy Sarapoga City Council Minutes 5/21/69 Pagei5 ORDINANCE NO. 3-E-6 TO ALL~ THE 12 ,KV T~ANSMISSION LINE AND PqLES TO REMAIN ALONG COX AVENUE IN LIEU OF UI~ERGROUE~ UTILITIES -. ~ Mr. Bud Schulte, representing Ditz-Crane, argued that polea in V-327 the area would have to remain to support the 60KV lines, even if Ditz-Crane the 12 XV lines were undergrounded beneath Cox Avenue; the new' poles would be 30 to 40 feet hgih and would also require anchoring guy wires. Mr. Robert Crane stated that only improved technology would pe~mnit undergrounding 60 KV lines, and that an estimated cost of abou~ $8,000 would be involved for undergrounding the 12 KV lines, would not improve the aesthetic effect. In the absence of objection, Mayor Tyler continued-= the public' hearing, referring the matter to the Public Welfare Committee,. asking that it meet with the Planning Commission and Mr. Cranej IV. D. SD-797 (CONCLUDED PROM EARLIER IN THE AGENDA) The Osterlund Enterprises representative informed the Council tha~ SD-797 he had called his principal who would confer with his attorney, an4 · advise him. In the absence of objection, the Mayor continuted thei matter to the next regular meeting, or to a special interim meetinS, should one be needed, to allow all parties to confer, and also referred SD-797 to the Public Welfare Committee. The Mayor declared a recess at 9:40 P.M. The Council resumed at 9:58 p.M. VI. ADMINISTRATIVE MATTERS A. MAYOR The Mayor discussed the .possibility of presentation ~y Paul Yarbor~ugh on county transporatation proposals and asked staff to agendize a presentation at a future date, indicating the length. Mr. Tyler noted that the Congress Springs annexation had been returned back to LAFCO, Wi~h another hearing set for June 4th. Mr. Smith moved and Mr. Robbins seconded that City Attorney Johnstqh make a presentation at the hearing on the City's behalf; the motin~ carried. B. FINANCE 1. Payment of Claims Mr. Robbins moved and Mr. Smith seconded that Warrants No. 109~2 Payment of through 10977 be approved for the total disbursement of $22,98~.04 Claims and that the Mayor be authorized to sign the warrants; the motinn carried unanimously. 2. City Clerks Financial Report The report was accepted without comment'~. ' f 3. Treasu.r~!s Re~ort The report w~ accepted without comment. C. CITY COUNCIL COMMITTEES AND F~EPORTS P.G. & E. Mr. Smith read the Public Welfare Committee report dated May 15,19~69 Transmission on the P.G. & E. Transmission Li~e above Saratoga; he added that he and Line Mr. Dwyer planned to make an on-site study of problems involved. -5- Saratoga City Council Minutes 5/21/69 Page 6 DEPARTMENT HEADS AND OFFICERS - NO REPORTS E. CITY ADMINISTRATOR Mr. H~gby, reported in the absence of Mr. Huff. 1. Letter from Tom Crandall, County Parks and Recreation Dept. Deputizing re dated May 19, re deputization of county Parks personnel for Co. Park Rangers city code enforcement in Saratoga. Mr. Johnston said Saratoga Parks might not qualify, and said he would check into the matter. 2. ~. Higby said that a meeting was planned jointly with other cities such as Monte Serene, Cupstrine and LoS A;.tos Hills to Sheriff discuss ces~-.of Police protection with the Sheriff'~ and the Contract County Executive. 3. Mr. Higby reported that he was hopeful about getting former Wildwood concessionaire structures removed from Wildwood without cost, Outbuildings possibly by the Lions Club. ~' 4. Spring Cleanup Mr. Smith moved and Mr. Sanders seconded adoption of a minute Commendation resolution commending Mr. Dario Amerio and the Green~Valley Green Valley Disposal Company, for the successful completion of ~le Spring Disposal Clean-up on May 16-17; the motion carried unanimously. VII. COMMUNICATIONS ' A~ WRITTEN 1. The petition of property owners on Via Regina re sewers was noted. 2. The letter of F~s. William T. Dully of the Park Commission on park land potential south of Fruitvale was referred to the Planning Commission. 3. The letter of Los Altos Hills City Manager M.M. Fritschle re an emergency "hotline" was referred to the Public Welfare Committee. 4. The letter from Leroy Stephensen of the Village Merchants Assn. re historical houses was read without comment. 5. ~te letter from Edwin Lucey of the Open Doors re the city's study of an Affirmative Action Programwas noted. A joint meeting with the school districts was scheduled for Los Gates on May 22, 1969. The notice of the special meeting of the general assembly of ARAG on June 11 was read. 7. Senator Alquists's on SB 347 were noted. 8.The request of R. L. Stevenson for a refund of the filing fee for uP-167 was referred to City Administrator Huff. Be ORAL There were no oral communications. VIIII. ~DJOURNMENT =The meeting was recessed to an executive session at 10:26 P.M. Respectfully submitted, ~ Huff, City Clerk