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HomeMy WebLinkAbout08-04-1971 City Council Minutes ,~' -";';""1 '2,· .' ~.-~ - J' . - '. , :~ i)'-~ SARATOGA CITY COUNCIL ~NUTES TIME: PLACE: TYPE: WEDNESDAY, AUGUST 4, 1971 - 7:30 P.M, SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA REGULAR MEETING 1. ORGANIZATION A, ROLL CALL Present: Absent: Councilmen Bridges, Dwyer, Robbins and Smith. Councilman Sanders B. MINUTES Minutes of July 21, 1971 approved with the following amendments: Last page, Mrs. Sterm should be Mrs. Sturm., Page 3, re N.S. 3.29, 4th line from bottom: "City Attorney clarified that nursery schools" rather than nursing homes are permitted in R-M and P-A zones now..... Minutes of Joint Study Session on August 2 approved as distributed. II. BIDS AND CONTRACTS A. AUTHORIZATION TO RECEIVE BIDS AUGUST 30, 1971 ON DEVELOPMENT OF KEVIN MORAN & WILDWOOD PARKS Authorized advertisement for bids for Kevin Moran and Wildwòod Parks ,due August 30, 1971. Mayot Robbins expressed concern that the estimates started out over the budgeted amounts. B, REPORT ON BIDS:I PROSPECT ROAD IMPROYEMENT PROJECT ! I Approved amended coopera ti ve agreement and awarded contr1lC t to R..,J,._Zi(lS~ Construction Company, subject to approval by. the ,City of ' San, Jose agd the. County of Santa Clara. _ J r / C. REPORT ON BIDS: SEAL COATING AND OVERLAYING CERTAIN CITY STREETS FOR 1971. Authorized contract be awarded to the four low bids as follows: Gilsonite Seal- As-tec Products Co., $3,903.08; Slurry Seal- Bay Slurry Seal Co. $15,960.64; Oil & Screenings 7 McCarthy & Spiesmen; $8.949.00; and A.C. Overla~Piazza Paving Co., $l8,320.25. D. CO-OP AGREEMENT FOR WIDENING AND IMPROVING SARATOGA-SUNNYVALE ROAD (HIGHWAY 85) FROM VERDE VISTA LANE TO ,BLAUER DRIVE Mayor authorized to execute agreement. E. HAKONE GARDENS JAPANESE TEA ROOM LICENSE AGREEMENT Mayor authorized to execute a'greement with modification to Paragraph 9, Page 3, granting Council authority to permit non-profit organizations to provide or sell food at Hakone Gardens. F, LOCAL AGENCY-STATE MASTER AGREEMENT FOR T.O.P.I.C.S. Mayor authorized to execute agreement. G, APPROVAL OF REVISED SHERIFF PATROL RATES BEGINNING AUGUST 16, 1971 Approved revised rates. H, AGREEMENTS FOR ACQUISITION OF RIGHT-OF-WAY - ALLENDALE AVENUE Mayor authorized to execute agreements with Roy and Eiko Shimizu; Carolyn R.Buehner; Oliver W. Buehner; Francois and Barbara C, Derendinger; and Gloria Tsugiko Kubota. ·~. # , ~ 't" ~. -;-- :;;' . ."', SARATOGA CITY COUNCIL MINUTES - AUGUST 4, 1971 - PAGE 2. III, PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A, ORDINANCE 38.39 - SECOND READING, Adopted Ordinance No. 38:,39 repealing Section 10-l4, 10-15 and 10-l6 of the Saratoga City Code relating to Chinese Lottery, and adding Section 10-21, relating to discharge of Air Rifles and Similar, instruments. B, ORDINANCE NO. 38.40 - SECOND READING Adopted Ordinance No. 38.40 adding certain prov~s~ons to Chapter 3 relating to drainage of building sites, and certain provisions to Chapter 13, relating to restrict use of sidewalks and pedestrian pathways. C, ORDINANCE 38.41 Without objection, City Code relating August l8, 1971. Mayor introduced Ordinance No. 38.41 amending Saratoga to Solicitors': and Peddlers' Licenses. Continued to , D, ORDINANCE NO. 38.12,2 Without objection, Mayor introduced Ordinance No. 38.12.2 amending the City Code Provisions Governing Communi~y Antenna Television Systems (C,A.T.V,). E, ORDINANCE NS-5.2l Without objection, Mayor introduced Ordinance No. NS-5.2l amending the Subdivision Ordinance Relating to Sewage Disposal. F. RESOLUTION NO. 399-5 Adopted Resolutiorl',iNo. 399-5 calling public, hearing on Formation of Underground Utility District #4 to be held August 18, 1971, G. WEST VALLEY COLLEGE RECREATIONAL FACILITIES ASSESSMENT DISTRICT City Manager noted the following new correspondence: Letters,'from Richard Rusnak, Kingsley Chan, Donald M, Straub, William Augenstine, and a petition signed by 72 residents of Saratoga favoring the formation of the District; and a letter from Orrick, Herringtbn, Rowley & Sutcliffe concerning their views on the legality of this procedure. It was the concern of the Council that the last paragraph of Mr. Fowler's letter indicated that the City might be liable to the bond holders for issuing illegal bonds. Mr. Jones of Wilson, Jones, Morton & Lynch outlined the procedures involved if the Council decided on,a test case in theCalïfornia appellate courts. '.... " ',The Co~ncil then adopted Resolution ,No.' 587 directiitg the City Clerk to' call for bids and ,give'notice of sale' of assessment bonds but thereafter in,vi:ew ,of the letter from, Orrick, 'Herrington, Rowley and Sutcliffe, "the City Clerk' _ refused to do so. ,The Council then adopted Resolutiòn No.' 588 authorizing -- ani:!-ôirec tî ng-Wi 1:soIf;-Jöhe's-;-Morton -aIíd'Lynch--to' 'bring-proceedïngs-ïn-manda te- to order the City Clerk to comply with the resolution. City Attorney pointed out that the original resolution authorizing appointment of Wilson, Jones, Morton and Lynch to perform all legal services required in the conduct of these assessment proceedings (Resolution 564) provided that compensation of the attorneys be assessed as incidental expenses and be paid from the assess- ments and not otherwise. Mr. Jones confirmed this, stating that if the assessment district is not formed, ,the City will have no obligation to pay for the legal services provided by his :firm éither in the validation proceedings or the other assessment proceedings. i:'...__ IV, SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS. A. SDR-787 - HOWARD BENNION - QUITO ROAD Approved extension to July 15, 1972 for completion of work in connection with SDR-787. i .",;., , " .)..;." .:; ., ,~'.. ~. - SARATOGA CITY COUNCIL MINUTES - AUGUST 4,1971 - PAGE 3. B. SDR-9l2 - RUSSELL R, REED - SARATOGA-SUNNYVALE ROAD Adopted Resolution No. SDR-912-l, Granting Conditional Final Site Approval. V, PUBLIC HEARINGS - A. SARATOGA GENERAL PLAN - CONTINUED FROM 7-2l-71 1. Retirement Housing Element Without objection, continued to August 18, 1971. 2. 'General Plan Review for 1971 Mayor Robbins noted ,one new communication on file - a letter from Jack Ybarra re Low Income Housing. Mr. Ybarra, president, Confederacion De La Raza Unida addressed the Council in connection with a number of low-income Mexican families who have received eviction notices from the owner of the Galeb Camp. The reason:given for the notice to vacat~wàs-thatlthe property fails to meet the health standards imposed by the city. ';-' Hr. Ybarra requested that the City of Saratoga provide safe, decent and adequate housing for its low-income minority residents. Mayor Robbins stressed that the City has never caused the eviction of any person, particularly in the low income status because of the health code. The ci ty staff have attempted to enc,ourage the owner to bring the housing up to standard. Mayor Robbins assured Mr. Ybarra that the City Council would consider the General Plan Housing Element and would make every effort to follòw the State Law. However, he pointed out that the Council Was not prepared to take action at this meeting. With regard to the forced eviction, Mr. Smith pointed out that although the City has not done a great deal directly, there have been a number of efforts to..help alleviate the situa tion. The Federated Church, St. Andrews Church, Sacred Heart Church and an organization called CASA have all examined these immediate problems and have been successful in some instances of actually placing minority individuals in housing. In addition, the Planning Committee had the Planning Department prepare a survey of migrant housing and this was given over to CASA so that in the event migrant housing was torn down, efforts could be made to retain these Saratogans in the City. Grace Kubota, Attorney representing Mrs. Trini Montez and the Federation, requested a policy statement from th~ City Council as to what kind of action Saratoga is going to take with regard to housing for low income families ,within the City of Saratoga. Mr. Ted Michael, Lanark Lane asked if the City could delay these evictions until something is resolved. Mr. Richard Bennett, Brookwood Lane felt the City WaS taking a fair attitude on this issue. He felt that the question was not to provide safe, decent, adequate housing at City expense but ±t was 'the obligation of City officials to provide proper laws, rules and ordinances by which the City and Community is a healthy place to live. He urged the Council to stay with the' decisions which they' had stated. 3. The matter of cluster zoning was referred back to the Planning Commission for study and report. Public Hearing closed for the evening at 9:12 P,M. Continued to August 18, 1971. B. ORDINANCE NS-3.29 - CONTINUED FROM 7-2l-7l Public Hearing opened at 9:35 P.M. No one in the audience wished to comment. Public Heating closed for the evening at 9:36 P.M, and continued to August 18, 1971. VI. ADMINISTRATIVE MATTERS A. MAYOR 1. Announced I.C.C. meeting on Thursday, August 5, 1971. One of the items to be discussed is nomination of three local officials to the County Drug Abuse Coordination Commission. ~ ,õ}.. Q;~ .::- ,. . ~. . ..' < e - SARATOGA CITY COUNCIL MINUTES - AUGUST 4, 1971 - PAGE 4. 2. Announced appointment of Larry Tyler as Chairman of the County Library Commission, and retirement as Chairman of the Saratoga Library Commission. With approval of the Council appointed Dr. Wallace Hall, ,President of the Friends of Saratoga Libraries as the new Chairman,of the Saratoga Library Commission. , 3. Announced resignation, of Dave Moyles as first Chairman Df the Saratoga Youth Commission. 4. Announced League of California Cities Annual Conference in San Francisco September 26 - 29. Council unanimously designated Mayor Robbins as Saratoga's voting representative, ~ 5.[ Mayor Robbins mentioned ~hat pro~eedings have been initiated to form four Sanitary ¡-Sewer Assessment Districts within the City by Sanitation District #4 and urged' the Policy Committee to expedite its review of the role the City should take in formation FINANCE of Assessment Districts. 'B, 1. Payment of Claims Approved disbursements dated August 4,' 1971 and authorized Mayor to sign the warrants. C. COUNCIL COMMITTEES AND COMMISSION REPORTS 1. Adopted Planning and Environmental Committee re~rt on McKenzie Req~to Dedicate Land and Request for\reco~sideration'ofBuilding Site conditions (SDR-89l), 2. Adopted Public Welfare Committee report on Joint City-School District Corporation Yard and authorized City Attorney to draft a cooperative agreement between the City and the School District for the joint construction and use of this facility and that the staff be directed to move forward with the establishment of the facility. 3. Youth Commission Report on Saratoga Youtn Center Study referred to Youth Center Board with a request for 'their comments ih writing. , D. DEPARTMENT HEADS & OFFICERS '- No,,!e E, CITY MANAGER 1. Reported on a request from the V.F.W. in regard to the proposed Saratoga Festival. The V.F.W. and Chamber of Commerce had submitted a complete agenda report' for the proposed 3-day Festival in 'conjunction with their request for approval. Mrs. Mary Moss asked that something be done about the dust problem ¿in the area which will be used for parking. Sam Serchia, Past Commander, VFW stated that the Festival was being planned in agreement with the Chamber of Commerce and Saratoga Merchants. They have a contract with the Butler Amusement Company,' particularly in terms of the noise factor. They have the necessary certificates of insurance. Dust and' clean-up factors have been considered. The Festival ,Committee is willing to meet any standards required by the Council. Moved by Mayor Robbins, seconded by Mr. Dwyer for approval of the 3-day Saratoga Festival. Motion carried. Councilman Smith abstained. 'I, COMMUNICATION A " WRITTEN 1. Letter from James A. Moe, State Director of Public Works concerning new Department of Public Works Freeway and Transportation Planning. '2. Letter from Thomas J. Madden, 20389 Chalet Lane asking for relief from the requirement that swimming pools be located 10' laterally from electric wires. Without objection referred to staff for review and report back to the Council. o ," - ~ ~~:.oJ; f'...·· := ¡; f; " SARATOGA CITY COUNCIL MINUTES - AUGUST 4, 1971 - PAGE 5. 3. Letter from Green Valley Disposal Company requesting an increase in rates. Without objection, referred to the Management Committee and Citizens Scavenger 'Ordinance Review Commi~tee. B, ORAL l. Mr. & Mrs. Ted Clabeaux protested that the Kevin Moran Park Plan had been approved without written notificatio~ to property owners in the area prior to the Public Hearing. 2. Mr. Joe Matacia stated he had attended several meetings in connection with the Kevin Moran Park and felt that the plan generally offered what the residents wanted, with the exception of two tennis courts and the parking area. 3. Mayor Robbins called for an Executive Session following the regular session t~ discuss land negotiations. VIII. ADJOURNMENT Mayor Robbins acknowledged the presence of Mrs. Stern, League of Women Voters; Ruth OWen and Mary Moss, Good Government Group; Jean Woodward, Parks and Recreation Commission, Planning Commissioner Rod Fagan; and Jim Hardy, President, West Valley College. The meeting adjourned at lO:35 P.M. to Executive Session. Reconvened in open session at 11:05 P,M. and adjourned. Respectfully submitted, ~~ :r