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HomeMy WebLinkAbout09-16-1964 City Council minutes S.&RATOGA CITY CODICIL S~,fAP, Y OF ~[IL~KITES TIME: I!lednesday, September 16, 1964 - 7:30 P. PLACE: Saratoga High School Cafetoriu~, Herrimam Avenue, Saratoga, Calif. TYPE: Regular l~aetin~ I ORGANIZATIOL~ Msyor Glennon called the meeting to order a~ 7:30 P. F. A. ROLL C~L Present: Councilmen Glennon, Drake, llart~n, Tyler, Bur~ Absent: None B. ~N~S It ~.~as moved by Co~cilm~ Burry, seconded by Co~cilman Tyler and un~imously adopted to ~-~aive the readin~ and approve the minutes of the September 2, 1964 meeting, as written. II BIDS AND CONTRACTS A. REPORT OF BIDS RECEIVED ON CrYESTER A~NUE PROJECT Bids - I4r. Ilanley stated that this item is informational at this sta~e on Chester on the agenda as action cannot be taken until after =he public hearin~ Avenue on the proposed assessment district. ~r. t!anley fur=her indicated Project that five bids ~ere received, that the low bidder on the total project is Petersen Brothers Construction and that the engineers for the project recommend that the !o~{ bid of .~67,341.10 be awarded if the assessment district is approved. As there ~-zere no further comments Mayor Glennon continued this item until after the public hearin~ on the proposed Chester Avenue Improvement Project. B. REPORT OF BIDS RECEIVED ON STOR~. DP.~INAGE I~.~?ROVEI~ZNT PROJECTS Mr. Ilanley reported that five bids had been received on the various Bids - storm drainage street protection projects and that the Director of Storm Public Works recommends that the bid be av.~arded to Leonard Construction Drainage Company for the low bid of $7,525.00. The Clerk explained that there Street are five basic projects and the council studied the location map and Improvement the Director of Public Works briefly outlined the work contemplated for Projects each project, primarily preventive work to correct areas v.~hich have ' created street maintenance problems during stoms. After discussion, it was moved by Councilman Martman, seconded by Councilman Drake, and unsnimously approved to award the bid to the low bidder, Leonard Construction Company. C. AGREE~E".]T ~ITlt SANITATION DISTRICT Nn. 4 FOR INSTALLATION OF S~.'ITARY SEWER FACILITIES IN CHESTER AVE!'ILZ IT~.P. OFE~NT P~OJECT Agreement The Clerk explained that this a~reement is required to turn over title Sani.e,4 to Sanitation District #4 of all sexier facilities installed in the re se~er Chester Avenue Improvement assessment district. The se~.xer facilities facilities would be installed and paid for by the assessment district, ;~r. }{anley in Chester read that portion of the aFreement ~-~hich provides that the city ~;ould Avenue be under no obligation to ablde by any of the provisions of the a~rae- project ment should the assessment district not be apDroved. ~.'ith no ob~ection~ i!ayor Glennon ordered the matter deferred until later durin~ the meeting, III ORDINANCES, PETITIONS, AND FOR~L RrSOLUTIONS A. RESOLUTION NO. ~;-4 Res. ~-4 ~ Stop signs It was moved by Councilman Tyler, seconded by Councilman , and Regan Lane unanimously approved to adopt ~esolution i-to. ~-4, establishin~ a and Blauer stop intersection at Blauer Drive and ?eFan Lane, as unofficially Drive approved at the last meeting. -1~ B. RESOLL~I~] NO. 200 Uith no objection~ ~fayor Glennon deferred this item until a report is received from Saratogats representatives on the citizens committee revie~ing Sanitation District He. 4'~ proposed bond proFrom. IV SUBDIVISIONS A~ID BUILDIDIG SITES A. TRACT 2694 Mr. Henley read a request from Ruth and Going, Inc., dated August 31, Tr.2694 1964 requesting simultaneous acceptance of improvements for maintenance Request and acceptance of construction of improvements in Tract 2694, Arroyo for de Saratoga, Unit No. 1. Mr. Henley reported that although the staff Const. recommendation is to require the normal one year maintenance Defied Accept. follouin~ construction acceDtance, it is the staff's recommendation & Maint. that the council consider reducing the bond to 10% of the total bond of Improve. mount et the time Of construction acceptance. After discussion it was moved by Councilman Drake to accept the improvements for construc- tion only and authorize reduction of the bond to 10% of the total amount during the maintenance period. The Director of Public Works indicated that some deficiencies exist and the City is not yet ready to accept the improvements. Councilman Dr~e therefore withdr~ his motion and it was the cOncensus of the council that the applicant be informed that the City will not approve the request for simultaneous acceptance of construction and maintenance but ~zill reduce the amount of the bend at the time of. construction acceptance. V PUBLIC IHEARINGS - 8:00 P. ~I. A. CHESTER AVENUE ASSeSSOr}IT DISTP~CT (1) Mayor Glennon asked the City Administrator to review briefly the history of the proposed ~ester Avenue Assessment District. Chester I,~. Henley reported that several alternative desiRns for this Avenue proposed improvement have been submitted to the City Council and Assessment reviewed by it as well as the Plannin~ Commission over a period of District ~se~eral months. He pointed out that the final design of the project incorporated recommendations of the City Council and the Planning Commission: (1) That property owners abuttin~ both Sobey P~ad and Allendale Avenue in the vicinity of the proposed project who w~re not plannin~ to develop at this time be left out of the district and (2) that the proposed improvement results in dual access to Allendale Avenue and Sobey Road in an ali~nment that would fit the Clty's General Plan for the area. He further pointed out that the City Council has held two public hearings not required by law for ~.~hich written notice had been made to all property owners in the proposed district. It was further indicated by the City Ac~ministrator that at the conclusion of these two hearinSs the proposed project ~as re-dra~-m in such a way as to meet the City's requirements and that it has, in its final form, the support. of o~mers of some 92 or 93% of the area in the ~ro- posed district. The enSineers for the proposed project then prepared plans and specifications, bids were .called for and opened and this is the time and place for final Public ~learin~ to determine whether to proceed with the form, atlon of the dtstrict~ ~r. Philip Assaf of WilSon, !larzfeld, Jones & ~orton, attorneys for the proposed district, reported that in view of the favorable~ bid it was the intention of the engineers of work to reduce the assessment for the project by 6 1/4% from $96,000 to $90,000. At 8:05 P. M. [~ayor Glennone opened the public hearin~ and advised that the public bearinz would be closed prior to any official action by the City Council. The ~ayor asked if there were any protestants to the formation of the proDosed district a~d tt~a City ~d~n~stretor r~?orted that pc ~rttt:en protests had been received. ~fr. ~ames Uayue, 12~ Carlton Av~ane, Los Ca~os~ owner of a parcel within the proposed district stated that he believed that his parcel should be left out of the proposed district on the Frounds that the property has been in existence and used as a residence since the early 1Ba0's~ that he has all the necessary -2- ' facilities to serve as a residence, that no' additional facilities were needed and that there would therefore be no benefit to him from the proposed facilities, F-,e further pointed out that his parcel had been tentatively eliminated from the district at one stage of the proceedlr~s and that he did not feel that it ~yas appropriate to levy an assessment against it iu the district!s ~Inal Nr. }~sstin, Engines f r the distrlct~ stated that both the and G~mper parcels E been excluded from any levy by him at the direction of the City Council durin~ earlier discussions but tha upon presentation to the attorneys for the district, the attorneys had ruled that these tx~o parcels could not arbitrarily be released from any assessment unless the City Council, at the time of the Public llearing~ found on the basis of the evidence presented,that there ~as no benefit to the parcels from the facilttles to be installed by the District. v.~e therefore had to re-spread the assessment to include these tx.ro parcels but have reduced the amount of the assessment from $1366. to an estimated $450. lie pointed out that this estimate figure ~n~uld actually be $422. as a result of the reduction due to the favorable bids. T. fr. i~ayne repeated his contention that his property does not need or benefit from the proposed improvements and he requested that his parcel be excluded by the City Council from any levy. Mayor Glennon called for any further protests and Mr. Donald Ueber of 14371 Sobey Road, stated that he wished to lodge a protest on several grounds, It was pointed out that Nr. I.Feber's property was not included withinn the district but !~r. ~Jeber indicated that he wished to prote~t the amount of money offered for the purchase Of the right-of-way ever his property, N~yor Glennon stated that this was a civil matter between .1Jr. ~;ebe~ and the District and has no proper piece in this public hearing. The Mayor called for any further protests and there bein~ none, it was moved by Councilman Drake,.~seconded by Councilman Hartman, and unanimously carried to close the public hearing at 8:30 P. Mayor Glennon announced that the issue before the City Council was whether or not the property of Ft. IJayne Gould benefit in a leg legal sense under assessment law as a result of the installation of the improvements proposed in the Chester Avenue Improvement Project. Councilman Drake inquired as to what constituted ban, fit under assessment law. Mr. Asaaf stated that use and enjoyment of new facilftfess the ghanSlnE of the character of the facilities from private to public, the appreciation in the value of any land affected by the proposed facilities and other similar factors were all elements that a court x.;ould look for in determinins whether a specific parcel of property bonefired from the the proposed improvements. Mr. Assaf further pointed out that it was a question of whether the property ben,fired not a question of whether any specific o~mer or user of the property ben,fired. The City Attorney inquired as to whether or not there is any presumption of benefit from the engineer's report. r~r. Assaf, replied that there was no presumt~tion. lie stated that it is a matter for decision by the City Councll based upon the evidence presented at the Public Hearing. Councilman Burry inquired as to the nature of the benefit to the I,layne parcel. i~[r. ~Iastin stated that the benefit to this parcel consisted of (1) an improved road for a portion of the distance from the parcel out to Sobey P~ads (2) tile advantage of gaining double access to the property as a result of continuing the street throvZh from Sobey Road to All,addle Avenue and, (3) the possible long range appreciation in the value of the property as a result of these improvements. Councilman Drake indicated that ~hile he regarded the direct benefit to the Uayae and Gadper parcels as minimal it i.?as his opinion that the appreciation of value in the area would be of significant long term benefit to all the property in the district. Councilman Tyler stated his feeling that there was relatively insignificant benefit to the Uayne and Gamp'er parcels and that the assess---.ent on these two parcels should therefore be eliminated. .~:ayor Glennon stated that if he were Nr. 1.7ayne he would probably feel the same ,r.~ay but that . he could not ao~ree that }~r. Uayne's property would not benefit in ... view of the improved access to Sobey Road and the improved-:nircula- tion to Allandale Avenue which would be derived from the district at a cost of only $~22. - ":3- (2) RESOLL~!OM NO. 201 P. es. 201 Overruling Councilman Drake moved that Resolution 201 be adogted, overrdllnR Protests protests a~ainst the Resolution of intention to form,, an assessment district for the improvement of Chester Avenue. The motion was seconded by Councilman ~lartman an~. addpied by the follo~-xin~ vote: AYES: Counci 1men Clennon, Drake, :Iartman UOES: Councilmen Burry, Tyler ABSENT: None (3) RESOLUTIOL~ .~O. 202 Res. 202 Resolution No. 202, bein~ resolution of intention to make changes and modifications in Chester was withdrawn from the , agenda as not necessary. (4) vJ~SOLUTIOI~] NO. 203 Res. 203 reduction It was moved by Councilman ]tartman, seconded by Councilman P, rake, of assess- and unanimously carried to adopt Resolution No. 203, orderin=- re- meats duction of assessments for Chester Avenue Improvements, (5) PZSOLIfrION NO. 204 Res. 204 adopting It was moved by Councilman Tyler, seconded by Councilman Hartman Engineering and unanimously carried to adopt P. esolution _.'~o, 204, bein~ a report- ordering resolution and order adoptin~ en?ineering report confirm. in~ ~ork and assessments and orderin~ work and acquisition on Chester Avenue acquisition I.mprovement Project. (6) RESOLUTIOI~ NO. 205 P, es. 205 Awardtn~ It was moved by Councilman Ilartman, seconded by Councilman Contract Drake to &4ard the contract for Che~ter Avenue Irmrovements to Petersen Brothers for a total bid of $67,471.10. The City Attorney asked if action could be withheld on this resolution until after the recess. T,?ith no objection, the ?.',ayor ordered the matter deferred as requested. (7) P~ESOLIffIO.~ NO. 206 Res. 206 designerlug It was moved by Councilman Burr~}, seconded by Councilman }lartman, collection~ and unanimously approved to adopt ?esolution ~.o. 206, desi?natin~ officer collection officer for Chester Avenue Improvements. (8) RESOLLTrIOM ~iO. 207 Res. 207 Authorizin~ It was moved by Councilman ttartman, seconded by Councilman Tyler, Contract - and unanimously approved to adopt ~esolutlon IIo. 207, authorizin~ Sani.Dist.4 the ~.ayor to execute the contract with Sanitation District #4 to install (as outlined in Item II-C), for the installation of sanitary ~,,~]~. sewer facil~t~.e~ in the e~er Avenue improvement 9ro~ee~. VI OLD BUS!-~rESS A, C'70 - C. ~. }~AGGIOPZ C-70 Ma~iore Counc~.lman Drake read a report from the ~ana=-ement CommaIttee dated Rezoning 9/16/64, in which the Committee recommends that the City retain ~;ithdrawal $100. of the filing fee for the rezoning application No, C-70 to & refund cover the expenses already incurred by the city and refund $50. to of fees the applicant. The Committee also recomnended tha~ ~Tr. Tla~iore be allo~.yed to withdra~.x his application. Councilman Drake further reported that, as a matter of general policy, the Committee tee- commends that application fees for rezoning or other planning pro- cedures be not refunded unless revie~.x by the City Council indicates that unusual circumstances existed which Justify a return of a portion of the fees in the interest of equity to the applicant but in no event should all the fee be refunded ~.rtthout deducting the Policy re amount of all costs incurred by the City in processin~ the applica- Fee refunds tion or request. It was moved by Councilman Tyler, seconded by Councilman tlartman, and unanimously carried to adopt the report of the _~ana~ement Cor~nittee and that the Co;.'~nittee~s recommendation re~ardin~ refund of filth.-.. fees be adopted as the official Policy Of the C~.~V Council. ned 9:15 P. ~. V PUBLIC !IEARI!~YGS - CItESTEP. AVENUE ASSESSIZHT DISTRICT - continued (6) Resolution ~lo. 205 - Awarding contract for Chester Avenue Improvements Res. 205 A~;ardinS At the request of the bonding attorney, Councilman i!artman ~tthdrew Contract- his motion and Councilman Drake withdre~.x his second to adopt Resolu- Chester tion No. 205, and the ~ayor, with council approval, ordered the Avenue matter placed on the agenda of the next re3ular meeting. VII ~I]IST~TI~ ~TTE~ A · ~YOR No reports B. FIN~:CE Bills (1) It was moved by Co~cilman Drake, seconded by Councilman I1artm~ ~d unanimously adopted to approve the disbursements on the list dated September 16, 1964, for a total ~ount of $6,626.07 and authorize that warrants be dra,~m in Daymerit. Finance (2) The council received copies of the City Cierk's financial report Reports- for the month of July, t~64, and the Treasurer's report for Audit August, 1964, ~d the Audit report for the fiscal year 1963-64. COt,2~TTEE PZPORTS (1) C-55 ' CAkL DOZiER The Council discussed a recommendation from the Plannin~ Commission C-55 that the Council grant Mr. Carl Dozier's request for an extension D ozier of time in connection with the conditional zoninR on the for~er Extension- Saratoga Inn property. Plannin~ Commissioner Crisp, in reply Saratoga Inn to Councilman Drake's questionins the reasonableness of the Zoning request for a second extension, advised that the applicant had requested an extension solely for the purpose of obtaininF financing for the project and that the Planning Commission hgd recommended ar~ extension on the basis of evidence submitted by the applicant of their intent to m~e a construction and long- term take-out loan to finance the project. Commissioner Crisp further indicated that the applicant is earnest about going ahead with the project and that he did not feel that an extension would in any jeopardize the city's position. It was moved by Councilman DrY:e, seconded by Councilman Ilartman and unanimously adopted to approve the recommen6ation of the Planning Commission and gr~nt an extension of one year from the present date of expiration in connection with the conditional rezoning C-55. Lot 181 (2) After discussion of a recommendation from the PlanninZ Commission Tr. 1489 that the council grant the request from ~r. Clevenger of Van Vleck access to Realty for a right-of-way access to Cox Avenue from the rear of Cox Ave. Lot 181, Tract 1489, it was moved by Councilman Drake, seconded by Councilman Hartman, and unanimously carried to approve the request, subject to the condition that use of the access be limited strictly as an access for the purpose of housfn~ a caper pick-up and that the riSht of access will be revoked if it is used for any other purpose. SD-430 (3) Mr. Hanley reported that the Planning Commission, in compliance Hiatt with the Counctl's request, gave consideration to ~r. }!iatt's Modification request for modification of conditions established in connection of Cond. re with his subdivision on Saratoga-Los Gatos Road and after review curbs & of the matter, recommends that T~r. ltiatt's request be ~ranted and gutters rolled curbs be approved as sho~,m in Standard [~o. 17 of Ordinance No. MS-5. Mayor Glennon indicated that when the ordinance was written it was recognized ~hat rolled curbs and ~utters would be justified in some areas but it was 'felt that it would be best to have stringent requirements and thou, in t~,c~e ~a?es ~-ere the grade is such ~hat it would be feasible, relax the stanoards and allow berm type curbs and gutters. · '.~:~ After discussion, it wad moved by Ccuncilraafi lyier, seconded by Councilman t~artman. and unanimously approved to advise ~Ir. Hiatt that the Council will approve rolled curbs and gutters instead of the standard requirement for concrete at such time as the final map is presented to the council for approval. D. DEPARTr,~ lIEADS A~ID OFFICERS ~... (1) REPORT PZ STATUS OF CA~O!I VIZU DRI~I E~D SI~LIVA!! Report re The City Attorney read his report of September 15, 1964 regardfn~ Canyon View the legal history and status of the streets in Uildwood Heights Drive and subdivision, Tract Me. 131g, and the City A~ministrator read the Sullivan ~ay Director of Public Work's report of September 16, 1964 re~ardin~ Tr. 1318 the same matter. The City Attorney indicated in summ, in~ up that he regarded the situation as one in which it would be extremely difficult for the City to get compliance with it's demands in vie~ of several unfavorable legal factors. Councilman Burry inquired as to whether or not the council wou]] be liable if it exnended money for the repair and maintenance of streets that the city had not yet accepted as public streets. The City ~ttorney stated that the City Council would not be liable whether it acted to authorize maintenance or chose not to provide the maintenance of such streets. ~Ie reported that the City has the ri?ht but not the duty to maintain nrfvate streets and that maintenance of s~ch streets would not constitute acceptance. ~.~r. Lorril Palm stated that he felt that the streets had originally been installed in good condition. that he had n~.,er been able to satisfy the City ~.~fth regard to i~s maintena~ce requirements and that he believes that He does not have any further legal responsibility. In response to questions from. Councilman ilartman, rlr. Palm agreed that leaks in the ~a~&r system in the Saratoga i!eights }~tual [~ater Company system ~ontributed to some of the street maintenance problems. He further indicated that this has been primarily due to e severe problem with electrolysis in the soil in this area. ~rr. A. L~ Fl~tche~ and ~r. Charles TaZ~art urged the City CoUncil ~o a~ceDt responsibility for the fOpair a~d maintenancer~f~these stre.ets as the only practical answer. Uithout objection~ the ~.Tayor referred this matter to the Public Uorks committee for study and recommendation at tha next meetin~ of the Council and asked that }It. Palm, and I,[r. Lewis Saylot, who volunteered to represent the residents of the area, be notified of the time and place of the Con~mittee's meeting. (2) It ~7~z ~v~ by Councilman ~{artman, seconde~ by Councilman Prospect Rd. tyler, and unanimously adopted to ~ccept the wor!~ done by acceptance Pelli~rini Paving Company on Prospect Avenue in connection with of work by the Itanson school site and begin the 35 day waitin~ period for Pelligrtni 10% retention of the final contract cost. ~. CITY ADI~NISTRATOR (I) ~. lIantey reported that, follo~.~ing up on a suggestion of some Planting- time..~go, S~m Hernandez, on behalf of the service clubs in Sara-L.G. Saratoga. has developed a program for Dlantin~ the divider Road by strip on Saratoga-Los Gates Reed and that Sunday, October 18 Saratoga is the date planned for planting{. I~e further noted that the Service City has submitted a request for an encroachment permit from Clubs the State and that Councilman =~rtman' is contrlbutln~ two varieties of Eucalyptus trees for planting. ~ayor Glennon inquired as to who would be responsible for maintenance and Councilman Tyler indicated that the service clubs would main- tain the trees for e period of two y~ers or until they had reached a point ~here they were self sufficient. Councilman llartman praised the efforts of the Council of Civic Clubs on this project as a fine exmmple of the kind of efvlc betterment that he hoped ~ould lea~ to further local projects of a similar kind. -6- ~.lr. Roy Jameson. Paseo Pueblo. advised thnt he had spoken to [~r. Hernandez about this nh~tter today end had been told that the City of Monte Sereno will cooperate in this program. Council (2) Mr. Hanley stated that the Los Catos Sym2hony Association is eager to Chambers participate in ~hatever type of dedication pro.-.ram the Council decides Dedication upon for the new council chambers and. at his suggestion. ?{eyor Clennon. with council approval. referred the matter to the t-~anagement Committee. (3) The City Administrator reported th-~t the City has had s series of Business problems '.Jhereby businesses are opened ~.There the zoning is appropriate Control but the structure is not up to code for the type of business and that from this standpoint. and not one of revenue. he suggests that some consideration be given to some t}~e of l~censing or reZulating such uses. .}layor Glennon indicated that although he has obaected to business licensing for years he has reached the conclusion that sorn~ measure of control is essential and. with ce, uncil ap.Drovel. he referred the matter to the Policy Committee for study and recoT~endation. VIII CO~.R~_~ICATIONS A. ;.~RITTEi.: U.Valley (1) Council received and directed to file a copy of e letter to the J.C. copy Uest Valley Junior Coll&ge District from .~iiss Louise Overacker of letter- in ~tch she endorses the selection of a junior college sits in Ovaracket Saratoga. Traffic (2) Copies of the monthly Traffic accident sumdry from the Sheriff's Summary Department were distributed for council information. W. Valley (3) Received and directed to file were copies of a letter from the J.C. Copy Good Government Group to the Uest Valley Junior College District of letter - endorsing the Saratoga Planning Co_.~tssion report relative to a G.G.G. site in Saratoga. Flag (4) .'-]oted for information and file was a letter from the ~epublic~n E t!quette Central Committee of Santa Clara Co'lnty regarding fla~ etiquette and transmitting a copy of the FlaZ Code of the United States. ~ontalvo (5) ~ayor Glennon, with council approval, requested the staff to send entrance to .~lar~aret Denney a copy of the letter which he has previously transmitted to several persons ~.~ho have requested improvement to the entrance to Ifontalvo. League of (6) Announcement ~-?as received that the Peninsula Division of the Calif. Cities League of California Cities ~.7ill meet '~ednes~ay, September 30 meeting in Burlin~ame. B, OFfaL Mayor Glennon ackno~'ledF~ed, ~ith pleasure, the presence of Ptannin~ Commission represent.drive Crisp and the members of the Good Governnmnt Group. ADJOURr,~,~,~.NT It was moved by Councilman Burry. seconded by Councilman Tyler. and unanimously adopted to adjourn the meeting at 11:15 P. M. Respectfully submitted. "UILLI~2~ C. !{Ai."LEY. CITY CLE -7-