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HomeMy WebLinkAbout04-01-1970 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: WEDNESDAY, APRIL 1, 1970 - 7:30 P.M. PLACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA TYPE: REGULAR MEETING I. ORGANIZATION A. ROLL CALL - The meeting was called to order at 7:40 P.M. and all Councilmen were present. B. MINUTES - Moved by Mr. Robbins, seconded by Mr. Smith that the minutes of March 18 be approved as distributed and that the reading be waived. Carried and so ordered. Cou~Icilman Dwyer abstained. II. BIDS & CONTRACTS A. OVERSIZE STORM DRAIN REIMBURSEMENT AGREEMENT STORM DRAIN Mr. Huff reported that some years ago, Dr. John Oliver had installed an REIMBURSEMENT oversized storm drain in connection with his development on Saratoga- AGREEMENT - Sunnyvale Road and Kirkmont (south of Prospect) and had just now asked JOHN OLIVER that a reimbursement agreement be drafted pertaining to this. This SDR-644 involves~making provision for property served by this drain to pay a pro-rata share and payment to Dr. Oliver from storm drain f~nds collected in the area already so that all the property owners will participate in the cost. Moved by Mr. Smith, seconded by Mr. Robbins that the agreement be approved and that the Mayor be authorized to execute the agreement. Carried and so ordered. tII. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. RESOLUTION NO. 528 - AUTHORIZING TRANSFER OF FUNDS IN OR AMONG ACCOUNTS RESLN. 528 ~ Mr. Huff reported that this is the resolution to transfer $25,000.00 from TRANSFER OF the Gas Tax Fund (46) to the Street Inprovement Fund (92) to eliminate FUNDS the deficit which appears in the monthly financial report. Moved by Mr. Smith, seconded by Mr. Robbins for adoption of Resolution No. 528. Carried and so ordered. B. ORDINANCE NO. 38.34ADOPTING REVISED BUILDING PERMIT FEE SCHEDULEAND RESOLUTION NO. 529 ESTABLISHING PLUMBING & HEATING PERMIT FEE SCHEDULES. ORD. 38.34 The Management Committee has discussed the proposal to adopt the Building REVISED BLDG. Permit Fee Schedule contained in the 1970 Edition of the Uniform Building PERMIT FEE Code with Don Harris, Chief Building Official. Mr. Harris has explained SCHEDULE that the proposed fee schedule was developed by the International Conference of Building Officials to reflect current costs of building inspection. RESLN. 529 The Building Officials Conference maintains a continuing review of the PLUMBING & Uniform Building Code which results in the periodic publication of an HEATING up-dated code. In addition, the International Conference of Building PERlJ__I~ ~EE Officials estimates that the current average cost of residential construction SCHEDULEi is $14.00 per square foot instead of the current figure of $13.40 per 8quare foot. As to the Plumbing & Heating Fee Schedules, Ordinance 38.11 provided for the adoption of these schedules by resolution anH, as a result, the Council passed a minute resolution adopting these fee schedules. The City Attorney suggested incorporating these fee schedules in a formal resolution at this time. The Management Committee recommends adoption of Ordinance 38.34 adopting the 1970 Building Permit Fees; authorization of Chief Building Official Donald L. Harris to adopt the $14.00 per square foot construction cost as the index for his Building Permit Cost Valuations and authorization of Mr. Harris to adjust this construction cost from time to time to keep it abreast of current construction costs; and adopFion of Resolution No. 529 containing the Plumbing & Heating Permit Fee Schedule. ~ CITY COUNCIL MINUTES '~ APRIL 1, 1970 Moved by Mr. Sanders to introduce Ordinance 38.34 adopting the 1970 Building Permit Fee Schedule to waive the reading thereof and to adopt Resolution 529 incorporating the Plumbing and Heating Permit Fee Schedule. Seconded by Mr. Smith. Carried and so ordered. IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. SDR-712 - JERRY JORDAN - 2 LOTS!- MICHAELS DRIVE - Final Building Site Approval SDR-712 Mr. Walker reported that there Was some question as to completion of JERRY JORDAN the minimum access road. There is a bond and improvement was done but it seems to have deteriorated so much that the Fire Chief is very con- cerned about emergency vehicle access. Mr. Walker requested that the matter be continued in order that the Planning Department and Fire Department could check into the matter further. Without objection, continued to the next regular meeting. B. SDR-617 - SACRED HEART CHURCH - Release of Bond SDR-617 This is a bond release recommended because the iChurch has posted a SACRED HEART substitute bond. Mr. Huff reconmended that the original bond be CHURCH released. Moved by Mr. Robbins, seconded by Mr. Smith; carried and so ordered. C. TRACT 4628 - DITZ-CRANE - Acceptance of Improvements for Construction Only. TR. 4628 The construction of improvements is complete and it is the recommendation DITZ~CRANE of Mr. Shook that improvements be accepted and the maintenance period begin. Everything is complete except planting of trees for which the developer has posted a bond to insure planting before maintenance acdeptance. Moved by Mr..Dwyer for acceptance of construction for Tract 4628. Seconded by Mr. Sanders~'c~arried and so ordered. D. TRACT 4675 - Acceptance of Improvements for Construction Only. TR.4675 This is a non-agendized item which is almost identifical to Tract 4628. It is the time for the beginning of the maintenance period, a bond has been posted to insure planting of trees. Moved by Mr. Smith, seconded by Mr. Robbibs for acceptance of construction for Tract 4675. Carried and so ordered. V. PUBLIC HEARINGS A. ORDINANCE NS-3.24 - Hearing on Proposed Amendment to Zoning Ordinance Adding Definitions Elininating Multi-Family Uses from "P-A" Zones and Adding Provisions re "P-C" Zones. ORD. N.S.-3.24 Mr. Robbins reported that this matter was continued from the last meeting. PROPOSED An Ordinance had been drafted with three conditions for the multi-family AMENDMENT TO dwellings which were to be guidelines for the Planning Commission. The ZONING Planning Committee was asked to check with the Planning Commission. The ORDINANCE Planning Commission Subdivision Committee felt they did not need the guidelines so the drafted ordinance is simply that apartments are to be conditional uses as specified in the ordinance as introduced on March 18. Mr. Huff reported that no further correspondence had been received. The Mayor opened the Public Hearing at 8:07 P.M. There were no comments from the audience. Moved by Mr. Smith, seconded by Mr. Robbins to close the Public Hearing. Carried unanimously. Public Hearing closed at 8:08 P.M. Moved by Mr. Robbins for adoption of Ordinance N.S. 3.24, seconded by Mr. Smith; carried and so ordered. -2- CITY COUNCrL MINUTES APRIL 1~ 1970 , VI. ADMINISTRATIVE MAITERS A. MAYOR I.C.C. 1. Mayor Tyler reminded the Council of the I.C.C. meeting on MEETING Thursday Might. RIGHT OF APPEAL 2. City Clerk instructed to check into previous minutes with regard ON PLANNING to right of appeal on Planning Commission decision and to report COMMISSION DECISION hack at the next regular meeting. B. FINANCE 1. Payment of Claims Moved by Mr. Smith, seconded by Mr. Robbins that the list of disbursements dated April 1, 1970 totalling $22,296.62 be approved and that the Mayor be authorized to sign the,warrants. VII. COUNCIL COMMITTEE & COMMISSION REPORTS 1. Civic Center Landscaping CIVIC Mr. Robbins reported that the Planning Committee had studied the CENTER Civic Center landscaping plan prepared by Gil Rovianek and have LANDSCAPING reviewed the informal bids received for this work. There were three bids and some complications with regards to cost of the oak tree. Moved by Mr. Robbins for ~approval of Planning Con~nittee report which recon~nends that this work be performed by the lowest responsible bidder and that the Mayor be authorized to execute the appropriate agreement. Seconded by Mr. Smith; carried and so ordered. 2. CATV C.A.T.V. Mr. Smith reported that there had been an extensive hearing and two meetings with representatives of CATVwith considerable discussion with regard to extension of time as well as a general discussion with regard to overhead along Bohlman R6ad~. The Council granted a time extension subject to written acceptance of the conditions imposed by the Council. The Connnittee felt it would be advisable for the City Manager to direct a letter to California Cable TV advising them to submit the required written acceptance of these conditions by April 1, 1970. They have requested an extension of the deadline for submission of the acceptance to April 15 ~ecause their President is away on vacation. Moved by Mr. Smith, seconded by Mr. Dwyer for adoption of the Public Welfare Committee Report, dated April 1, 1970 which recommended that the firm be granted until April 15, 1970 to submit written acceptance of the terms under which-'t~e Council agreed to grant a time extension. Carried and so ordered. 3. Progress Report - Prospect Road PROSPECT Mr. Smith reported that Oskar Thurnher had discussed beautification ROAD with regard to the first segment which includes the bridge. Dis- cussions with the County began 1~ years ago. We insisted that the median and either side of the road be landscaped and one of the things that we watched very closely was that~ater be piped out to the median. Mr. Thurnher has asked that we develop a landscape planting plan for this initial stage. The Public W~lfare Committee will obtain proposals for development of this plan by a qualified landscape architect. 4. Lighting Policy Study - Progress Report LIGHTING POLICY Mr. Dwyer reported that within the nextStW0 meetings they hope ~ STUDY - 3 - CITY COUNCIL MINUTES APRIL 1, 1970 to have a report on the lighting policy study which has been underway for a year and which will include a preliminary map showing possible street lighting at signficant intersections. The report will also consider minor changes in lighting districts. There is some additional d~ta being gathered and the conmittee hopes to present a report with total costs and alternatives. D. DEPARTMENT HEADS & OFFICERS Youth Center YOUTH Mr. Higby reported that we have a request from the Youth Center that CENTER $2,400.00 be approved for construction of a fence around the rear FENCE patio area. Mrs. Sitney has been working on getting the best!~possible price, based on an estimate of 608 lineal feet. This will be a forest green cyclone fence 6' high. It is a chain link fence similar to that used on parts of Highway 17. I~LrS. Sithey stated that the Center was anxious to get the fence as soon as possible in order that the back will be usable this year. Mr. Sitney noted that the gates were the most expensive part of the fence but were necessary for emergency vehicle access. Mr. Robbins pointed out that the 1969-70 Budget included $10,000. for air conditioning for the Youth Center. The work cost only $6,000.00 and the balance would be available for the fence construction. Moved by Mr. Smith, seconded by Mr. Sanders to authorize construction of the Youth Center fence subject to review of the Plans and approval by the Planning Committee. Carried and so ordered. CHAMPAGNE 2. Request from West Valley Light Opera Association for permission to serve OPENING ~ ~h~mpagne in connection with the opening production of Student Prince. WEST VALLEY I~oved by Mr. Robbins, seconded by Mr. Smith; carried and so ordered. LIGHT OPERA PARKS FOR 3. Reminder from the Parks for Saratoga Committee that the kick-off date SARATOGA will be April 16. There is a conflict with Argonaut P.T.A. who want KICK OFF to hold a "Meet Your City Officials" night. Mr. Huff will try to coordinate this. 4. Ham Radio Antennas HAM Mr. Walker reported that as an initial step, at the direction of the RADIO Council, the Planning Department had made a summary of ham antenna ANTENNAS regulations in various conmmnities around the Bay, especially in Santa Clara County. Therei~~ a variety of approaches to this problem. The Planning Department is now asking for direction from the Council asto further steps. It was the consensus of the Council that we look toward controlling this type of construction. The Mayor directed that the Planning Commission draft an ordinance requiring some limitations on towers and antennas and suggested that the appropriate cormnittee of the Planning Commission meet with the appropriate council committee in this connection. E. CITY MANAGER 1. .;Emergency Lighting - Civic Auditorium EMERGENCY Mr. Huff reported that in line with the insurance review of various LIGHTING - City properties, the insurance engineering representative had reconmended COb~qCIL I~t~at emergency lighting be provided for the Council Chambers. The City CHAMBERS had obtained a pricefrom Saratoga Electric of $475.00 for two double lights in the auditorium and one single light for the backstage area. The City Clerk was instructed to obtain another bid and determine the annual maintenance cost. CITY COUNCIL MINUTES APRIL 1, 1970 SPECIAL 2. There will be a special Council meeting required on Tuesday, April 21 COUNCIL to canvas election results, issue certificates of election, and to MEETING elect the Mayor and Mayor Pro Tem. The legal notice requirement is APRIL 21. 24 hours. The meeting was scheduled for 7:30 P.M. on April 21, 1970. 3. Hakone Gardens HAKONE Mr. Huff reported that Rene Jones has been doing considerable investigation GARDENS - with regard to the leaking pond at Hakone Gardens and has come up with a POND proposal from Anthony Pools to repair the leaks by guniting at a total REPAIR cost of $2,950.00. This was considerably less than other estimates which ran as high as $5,700.00. It was also considered to be the most effective method. Mr. Huff requested that staff be authorized to.i~sue a Purchase Order for this work. ~ Moved by Mr. Robbins that we authorize Anthony Pools Corporation to make repairs, as described and that a bond be furnished. Seconded by Mr. Sanders; carried and so ordered. VII. COMMUNICATIONS A. WRITTEN EARTH 1. Letter from Earth Sciences~7Associates suggesting that the City might SCIENCES benefit from their approach to Planning ecology. Staff directed to LETPER follow this up and report back at next meeting. TRACT 4673 2. Letter from Mrs. R.J. Knapp requesting that the matter of the energency EMERGENCY access road from Osterland DeVelopment to Surrey Lane be placed on the ACCESS Agenda for April 15. ROAD _. Mr. Sanders stated that the staff has spent many hours drawing up various alternatives and this seems to be a problem between the two property owners involved. He did not feel there was anything further the Council could do. Fir. Robbinsstated that the staff has proposed several different designs for location of the secondary access road and pathway. Either one party agrees and the other one doesn't or vice versa. The City has tried to develop a plan on which both property owners could agree. Clerk was directed to have a plan available to all Codncilmen before the next meeting and to notify both parties that it is the consensus _~ of the Council that there is no compromise on the requirement for this,l%, secondaF~ access road and if they are unable to come to an agreement ,byAp~i~15, that the Council will take action based on the staff rec6nmendation. Staff was also directed to consult with the City Attorney as to the nature of the two easements since there are two different types. NIVEN 3. Letter from Mrs. Catherine Niven requesting annexation of approximately ANNEXATION 16 acres of land adjacent to the City boundary. Mr. Huff had checked REQUEST with the City Attorney and found that the first step is application to L.A.F.C.O. and has notified Mrs. Niven to this effect. Her architect appeared before the last meeting of the Planning Commission. A number of residents oppose proposed development of the property. TR. 4548 4. Letter from Mr. Doke on Farwell Avenue objecting to action the City MODEL HOME\~ Council took at the last meeting in temporarily lifting the "NO Parking" ban in front of the model home operated by George Day. Mr. Walker has discussed this with Mr. Doke and will respond to the letter advising that we are continuing to watch the situation. DESIGN 5. Letter from A.I.A. enclosing a document entitled "Guidelines for Design REVIEW Review". Mayor Tyler directed City Manager to obtain additional copies GUIDELINES of Guidelines'fg~ review by Council and Planning Commission. 6. Monthly Traffic Accident Sunmary - noted and filed. 7. Letter from Sanitation District #4 outlining a problem related to annexation to the City as a condition of annexation. to the Sanitation District. The Sanitation District proposes to annex seven parcels near Redberry and Hidden Drives. This presents an unusual problem in that the properties are contiguous to the Sanitation District; however, they - 5 - CITY COUNCIL MINUTES APRIL 1, 1970 are approximately 1,000 feet away from the City of Saratoga. Without objection, referred to the public Welfare Committee. B. ORAL - None VIII. ADJOURNMENT Mayor Tyler acknowledged the presence of Mrs. Owen, who will serve coffee following the meeting, courtesy of the Good Government Group; Council Candidate Sitney; Mrs. Slade, League of Women Voters; Planning Commissioner Metcalf; and Mr. & Mrs. Frank Finney. There being no further business,-:~he me~t.ipg~adjourned at 8:55 P.M.