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HomeMy WebLinkAbout06-04-1969 City Council Minutes SARATOGA CITY COUNCIL MINUTES OF REGULAR MEETING, JUNE 4, 1969 TIME: WEDNESDAY, JUNE 4, 1969 - 7:30 P.M. PLACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVE., SARATOGA CALIF. TYPE: REGULAR MEETING I. ORGANIZATION Mayor Tyler Galled the meeting to order at 7:36 P.M. ROLL CALL Present: Councilmen Tyler, Robbins, Dwyer, Sanders, Smith Absent: None B. MINUTE~ Councilman Robbins asked the following modifications be inCorpor- ated in the May 21, 1969 City Council regular meeting Minutes as Minutes follows: Page 2 - Item IV-D - lines 3 and 4 of first paragraph of SD-797 Delete the phrase "was unaware of what was about to happen during Council session" and substitute the words "had not yet had the opportunity to meet with the Planning Committee.'! Same item - last paragraph -'~ktd to the paragraph the following sentence: "He said that the agreement with the property owngr expired June 3 before the next Council meeting and that prompt action was required." Page 3 - Item IV-D - first paragraph on page - second line After "..:determine this attitude ~.." insert the WOrdS "toward extending;~he agreement"..~before the close ~f the Council meeting... Page 4 - Fourth paragraph ~ a~d~nd li~e- Change to read "...and Mr. Robbins said that he and Mr. SaBders had met.." instend of ,I...he and Mr. Smith had met.. Page 5 - Item IV-D - Last line of first paragraph - Change "Public Welfare Committee" to "Planning Committee." Mr. Dwyer asked that on page 3, fourth paragraph from the end of the page be amended to read.."" In meeting ordinance requirments it w~s hard to see how ~. Kerner was entitled to an exception in his case." Mr. Robbins moved, and Mr. Sanders seconded that the Minutes of the regular City Council meeting of May 21, 1969 as mailed and amended be approved; thp motion carried unanimously. II. BIDS A~ CONTP~CTS None III. PETITIONS, ORDINANCES A~ FORM~ RESOLUTIONS A. PaSOLUTION NO. 483 - PaSOLUTION ACKNOWLEDGING FORMATION OF SARATOG~ Res. 483 CITY EMPLOYEES' ASSOCIATION Acknowledge Formation Councilman Sanders reported orally on the Management Committee report Saratoga recommending adoption of Resolution No. 483 and No. 484. City Employees Mr. Sanders moved and Mr. Robbins seconded adoption of Resolution No. Assoc. 483; the motion carried unanimously. Saratoga City Council Minutes Continued 6/4/69 B. _RESOLUTION NO. 484 - RESOLUTION AUTHORIZING STUDY OF SALARY AND SALARY RANGES - CITY OF SARATOGA EMPLOYEES Res. 484 Salary Study Mr. Sanders moved and Mr. Robbins seconded adoption of Resolution No. 484; the motion carried unanimously. SUBDIVISIONS, BUILDING SITES AND ZONING PaQUESTS A. SDR-788 - LAWP~.NCE POHL - CONTINUATION OF REQUEST FOR CONSIDERATION OF COBDITIONS OF BUILDING SITE APPROVAL RELATIVE TO UNDERGROUND UTILITIES SDR-788 Mr. Smith read the report of the Public Welfare Committee, recomuend~g denial of Mr. Pohl's request. Mr. Smith moved and Mr. Dwyer seconded that the report of the Committee be adopted, and the motion carried unanimously. B. SD-797 - Tract 4673 SD-797 In the absence of objection, the'matter Was delayed until 9 P.M. waiting the arrival of counsel for Mrs. Mathis. C. SDR-683 - G.W. Day Construction Co. ,$DR-683 Mr~ Huff referred to Mr. Shook's report that all deficiencies Day had been corrected, and recon~endipg acceptance of SDR-683, and release of performance bond No. 121156. Mr. Sanders moved and Mr. Robbins seconded adoption of Mr. Shook's recommendation and the motion carried unanimously. D. SDR-731 - SACRED HEART GEUP. CH }~. Huff read Resolution No; SDR-~31, granting conditional SDR-731 site approval for Sacred Heart gh~rch; Father Geary ~resent Sacred the audience, stated he w~s Satisfied with the condieions. Heart : Mr. Sanders moved and Mr. R6b~in~:seaond~d adoption Of Resolution Nol SDR-731 and the motion c~i~a unanimously. Sinca it ~a~ not yet 8 P.M., the time set for public hearings, the Mayor took up Agenda Item VI. VI. ADMBISTRATIVE ~LATTERS A. MAYOR The Mayor reminded the Council of tae ICC meeting for June 5th, and noted that LAFCO had reaffirmed its position on conditions applicable to Congress SpringsAnnexation. B. FINANCE 1. Payment of Claims Mr. Robbins moved and Mr. Smith seconded disbursement of Warrants No. 10978 through 11027 and that the Mayor be authorized to sign the warrants for a total of $29,008.39; the motion carried unanimously. C. REPORTS FROM COUNCIL COF~4ITTEES A~ CITY COMMISSIONS 1.Report from Planning Commission re policy relative to Park and Recreation fee credits. · Mr. Robbins referred to the recommendation of the Planning Commission that credits against Park and Recreation fees be allowed only under circumstances listed in Planning Director Walkers memo dated June 2, 1969. Mr. Robbins stated that the Council Planning Committee had conferred with the Commission and that agreement had been reached on basic principles. Mr. Tyler noted that some possible exceptions would still be up to the discretion of the Council, as appropriate. Saratoga City Council Minutes ContinUed 14169 Mr. Robbins moved and Mr. D~yer .seconded approval of the Planning Commission ~¢ommendatiOn as re~, and the motion carried unanimously. 2. Crddits for Park and Recreation ~'aes - Sa~ratoga Foothills Development - SDR-764 - Mr.'Huff read the re~eQda~ion of the PlanniuS Comission recomaending denial of credi~ for park n~ recreation fees as ~R-76~ requested by Saratoga Foo=hills Developm~ - SDR-764. Denial of .~ Park Land ~.. Robbins no~ed tha~ a~ain the Plan~in~ Co~ittee supported Fee Credi~ the Co~ission reco~eudation in this ma~er, and moved adoption of the repor~ as reco~ended; Mr. ~er seconded and the motion carrid~ unanimously. D, DEP~ ~S ~ OFFICERS 1. MministraUive Assis~an~ Hi~by red a receendation of ~he Park Parks and Recreation Co~ission ~port da~d Oct. 14, 1968, Land relative ~o the purchase of park si~e la~s. ~i~out objec=io~ Purchase ~he Mayer referred the matter to ~he Flan~.ng,C0~it~ee. ~. Robbins no~ed ~ha~ forthcoming budgetary considerations could~ ; have impact upon the request. ' ' ~ ~ Tr. 4573 ~. Hi~by referred to the tentative map f~ SD where ~hree ~mpact on indicated as desirable by the park consultant for future park park Plan sites mi=h~ be'affected.' In the absence o~ objection, the ~ MayOr referred ~he ma~er to the staff, s~estin=consultatiop ~ 'Vith ~he developer.' ." _" ~e request of the Light Opera ~sn. to ~e champagne. on "the opening night of their ~eas0n, Aug. ~, 1969 was read by ~. Higby. Mr. Smith moved and Mr. ~er seconded; that the ~eSt Valley Light 0p~ra ~sociation be allowed =o serve champagne -~t the opening performance of ~heir season in the Council Ch~bers building,Augus~ 29~ii. '~e motion carried. .,.: ,-, ~epub. -~e reques~ of the ~est Valley Republican:~omen, Federated, to Women Reques~ conduct a wine tas~ing p~ty iu July a~ Ha~ne Gardens was = referred to the Policy Comittee'wtthout ~bjectious. 2. Director of Public N0rks .Shook, read Resolution No. 486 accepting Res. 486 completion and directing engineer to file no~ice of acceptance Accepting ofcomple~ion for Wes~ ~alley Joint Junior College District -". Saratoga Saratoga C~puS.~sessm~nt District. " C~pus ~smt. Dis~. ~. Shook c~en~ed' tha~ some defective ~phal~. m~erial had inadvertently been Used bY =he contra~0r, ~ho agreed ~o remedy all such d.efec~s, and in addition ~o supply a ~hree '~esr rather than the usual one-year guaram~ee for such ~ork. Hr, ~er moved and Mr. ~obbins seconded adoption of Resolution No. 486, and the motion carried unanimous~y. c.0. e2 ~. Shook reported that he recomended a~epting the request Quito -of ~he County of Santa Clara tha~ latera~ ~ub-outs be included · Stom in the ~ito Road storm drain work, for a ~cos~ orS110.00, condi- Drain rioned upon the County agreeing to recom~nse t~e City for the cost. ~. Smith moved and ~. Robbins seconded adoption of ~. Shooks recommendation,' and the motion carried. Mr. 2obbins stated he had a telephone c~laint from ~ resident Street and of the ~uito Road area regarding apparent neglect by the city~of Storm Drain street resurfacing tn ~he neighborho~ ~d requested a study bY Problems the Public Works Director of the pattern ef street repairs. Mr. ~fto ~ea Huff answered that such a study ~as alrea~yunde~ay; in response ~to a question by the Mayor, Mr. Huff stated=that there had been an ..~ e[f~k~ to establish a flood control zone fn 1959, relative to a "stor~ drain system, but that the distric=~ had been teminated about ~o years previously. It could possibly .be r~activated. .-3- Saratoga City Cou~.~il Minutes, Continued 6/4/69 ~. Robbins said he was not seeking solutions just now, but was interested in e thorough study of what m/ght be done, Without objection', the Mayor referred the matter to the Public Welfare Committee. At this point in the meeting, the Mayor referred back to A~enda Item V, since the time had arrived for public hearin~s. PUBLIC HEARINGS. A. V-327 - DITZ-CRANE In the absence of objection the matter was continued to the.next re~ular.me~tin~ B- C-123 - L~ZIO SlPOS Mr, Huff stated that the proposed zonin~ cha~ge has been duly noticed and published. The Mayor opened the public hearin=.et 8:22 P.M. C-123 Stpos was present; no one spoke on the issue. Sipos Mr. Robbinsmoved and Fir. Sa~aers seconde~ that the hearin~ be clOSed end the Mayor so ordered at 8:24 P.M. Hr. Huff stated that now was the time for introduceion of the rezo~tn= ordinance No. NS-3-ZC-47. Mr. Sanders,~oved that the readin~ be waived and that Ordinance NS-3-ZC-47 be introduced; the motion carried unanimOusly. I, : C. ARROYO SA~ATOGA .PARKMAINTENANCE DISTRICT NO. 1. Mr. Huff Stated that notice bf hearing on the proposed district had been duly published, posted an~ mailed to owners of record in the affected tracts. He read the description of ~he district end work proposed to be accomplished.' He noted receipt 0f'a petition from residents of Winter Lane as~inE to be excluded from such district. Saratoga Mayor Tyler opened the public hearing at 8:3~ P.M. : Park Maintenanpe Bonding attorney Phillip Assaf described the legal steps to be taken, ;District relative to formation 6f maintenance districts and improv~ment dis? ~o. I tricts. " Mr. Robbins described the meeting held A~ 23, 1969 by area tee-: : idents regarding deteriorated conditions of the entry~ay to Arroyo : Saratoga'opposite ~ia Monte, and plans that had been discussed, Several residents spoke from the audience, with some stating they had not received notice of the April 23rd meetinE, and had not participated in preparation of the plans. "Still others stated ob- Jections to a district assessment, on the basis that the improvement was the responsibility of the city at large. After further dis- cussion of the complex aspects of the proposal, Mr. Sanders moved. and Mr. Robbins seconded that the'hearin~ be continued to 8:00 P.M. at the regular Council meetinE of July 16', 1969; the motion carried unanimously. The Mayor asked for a show of hands in.the audience reEarding their feelinEs on willingness to pay specific assessments, and the majority indicated support for a ten-dollar per house assessment that miEht be spent for capital improvements at the Arroyo 'SaratoEa entrance. The Mayor declared a recess at 10:11 P.M. The meetins resumed at 10:40 P.M. , IV. B. SD-?9? - TP~CT 4673 - OSTERLUE~ ENTERPRISES, INC. Mr. Robbins read the report of the Planning Cummittee on SD-797, dated June 3, 1969. -4- 6/6,/69 Mr. Douglass Adams, representing Mrs, Mathis, presented arguments against the Committee recommendation, asking that his client's property be left untouched, as ther~ were alternate. routes that could be selected to provide the alternate access road required for the Osterlund development on the Pit~uan property. Mr. Knapp and Mr. Nettesheim discussed the nature of their existing easements along the proposed access road routing. MR. Johnston said that there were some differences between the ease-' .. merits attached to their 'respective properties..that Could affect the potential width of the proposed roadway, Mr. Tieman, repr~senting Osterlund Enterprises, expressed willingnessto cooperate with the city, but noted that incorp- oration of a p~blic pathway could affect the sale of lot 35, and asked-if the path were to be as much as 15 feet wide. If so, he added,'t~at width~ could affect existing large trees that might: have t~ be removed. ~s. Welsh, a resident~of the area, stated that the natural pathway to be used by school children lay to the $~uth~ leading out of the Pittman property to'the creek and thence onto Russell Lane. Mr. Johnston referred to the final map resoluti~n read at the ' previous Council meeting, and suggested that ~ondition No. 3 could be rephrased relative to ~ minimum access road and that an addends could be added in reference to the pathway; that thiS! aspect could be acted upon by the CounCilS.and bonded fo~'by the developer, including installationlof a vehicle barricade that would not be removed exgept in cas~ of emergency. Mr. Sanders asked that the amount of the bond ~hould be stipu- lated, and that further a route. should be chosen with the leas~ inconvenience to adjacent property owners, and that Public Works Director Shook should confer with Mr. Knapp and Mr. Nette- sheim on grading problems affecting their properties. FIr. Robbing moved and Mr. Smith seconded adoption of the final map for SD-797, including an amendment of the routing of the path to run across Rice Court, to Surrey Lane, across Lot 35, improved to a minimum 15-foot right-of-way. The motion carried unanimously. Mr. Tieman asked if the pedestrian easement would become pert manant, and if so, how would that affect Lot No. 35. Mayor Tyler commented that it would seem to be necessary to visit'the site~! and work out a routing, perhaps an alternate to present sugges~ tions. In response to'Mr. Robbing' question about the position of the Park Commission on the pathway~ Mr. HiSby answered that~ although the site was under consideration, the matter should more properly be considered by the Planning Commission in this! instance. - Mr, Johnston stated that Mr. Tierants point was well taken, and that an agreement would ha~e to he worked out in writing to be enforceable.. o. VI, E. CITY ADMINISTPJ~TOR 1. C-120 - Clarence Neale Mr. Neale ~tated that his re-zoning to visitor-conmercial classification was being held up for an alleged lack of adequate parking spaces, and that he had produced a plan for' · 42 spaces, although the City required only 38. Mr. Huff responded that a careful on-site check of the spaces. showed that it was impossible to back out properly from ~o or three of the spaces; that six were located in the cirqle on city property; and that the eightspaces between the bridge and the entrance to the Neale's Hollow were proposed to be located p~rtially on City ox~ned proper~y. The Mayor advised ~. Neale to hire a ~cmpetent engineer to work out the necessary number of spaces within his property; and to ' submft a detailed, accurately scaled plan of his p~oposal for review ~ry the city Staff. -5- Saratoga City Council Minutes Continued 6/4/69 Mr. Sanders moved that C-120 not be again considered on the Council agenda until Mr. Neale submitted an accurate plan for study by the staff; Mr. ~a~%h seconded the motion, which carried unanimously. ~;-~- ,' VII. COMMUNICATIONS A. WRITTEN 1. The letter from ~s. Loyst re the Ditz~Crane appeal was filed for future reference. 2. The letter from Congressman Gubser on municipal bond sales a~ t~ exemptions was noted. 3. ~e letter on the increased rate for Sheriff's Patrol se~ices to be considered by the COunty Board of Superriots was noted. 4. ~e letter acknowledinS the se~ices of Rene 3ones and friends at Hakone Gardens, ~itten by Parks Chaiman Jeptha Wade was noted. 5. Dr. Parker's application for a share of space in Village Perking District No. 1 was considered. ~e Mayor directed that a letter be sen= to Dr. PaCker ~vising him that there is no provision for annexation to a parking district. ~ere were none. VIII. ~JO~NT Mr. Sanders moved a~ ~. ~ith seconded that the meeting be adjoumed and the Mayor so declared at 12:39 P.M. Respectfully submitted, J. R. Huff, City ~dministrator