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HomeMy WebLinkAbout04-03-1968 City Council Minutes SARATOGA CITY CO~CIL SUMMARY OF MINUTES TIME: Wednesday, April 3, 1968 7:30 P. M. PLACE: Saratoga City Council Chambers~ 13777 Fruitvale Ave. Saratoga, Calif. TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7.35 P. M. A. ROLL CALL Present: Councilmen Glennon, Hartman, Tyler, Robbins, Burry Absent: None B~ MINUTES It was moved by Counhilman Robbins, seconded by Councilman Burry and carried unanimously to.diSpense with the reading and approve the March 20, 1968 minutes as written. II BIDS AND CONTRACTS A. REPORT OF BIDS - SARATOGA CAMPUS ASSESSMENT DISTRICT Fruitvale- Mr. Huff announced that bids were opened last Monday for the construc- Allendale tion of Saratoga .Campus Assessment District and that the bids ranged from $517~514.00 to $615,395.50. Six bids were submitted and the low bid was received from A. J. Raisch Paving Company. There being no questions or comments regarding the bids, Mayor Glennon stated that this item would be considered at the time set for public hearing for the district later on the agenda-. B. REPORT OF BiDS ON BONDS - SARATOGA CAMPUS ASSESSMENT DISTRICT ~he City Clerk reported that bids On bon~s were opened this afternonn Saratoga for S~ratoga Campus Assessment District and that the net interest rate · Campus ranged from 4.9877% to 5.4912%. First California Company was low bidder Assessmr. and Mr. Huff reported that the interest rate was quite favorable and Bonds compared the rate with the sale of Village Parking District No. 1 bon~s last November at a rate of 5.185%. ~. SANTA CLARA COUNTY FLOOD CONTROL AND WATER DISTRICT RE WILDCAT CREEK BRIDGE Mr. Huff ~econ~nended that the Mayor be authorized to execute a reimburse- Wildcat ment agreement with the Santa Clara County Flood Control and Water Creek Distr~ct ~hereby the District agrees to reimburse the City for the Bridge cost of construction of a box culvert at ~iildcat Creek bridge on Fruitvale The Council and staff discussed the alignment of the creek and Mr. Huff stated that efforts had been made to preserve trees nearest the road but that it might be that this would necessitate removal of some trees further up or doom stream. Councilmen Hartman and Tyler con~ented that, although the Public Welfare Committee had reviewed the proposed alignment, they had not considered the effect which might result at some other stream location. Mayor Glennon noted that Mr. Currlinappeared to have put the city on notice, by his letter of March 26, that although the Flood Control District would foll~q the alignment proposed some tree removal might be required at other locations in the future. On this basis the Council agreed that a further review of the alignment should be made to assure that it would, in fact, eventually be the most desirable. Mr. Harry Aunack, representing the engineers of work, described the plans and stated that he did not think that delay of this item would materially affect the cost of the work to be done at the bridge and that any changes in the cost could be authorized by means of a change order after the contract had been let, if the Council so chose. It was F~. Aumack's estimate that any cost differential would not exceed $500. With Council approval, ,Mayor Glennon referred this matter to the Planning Committee for investigation and reco~m~endation and announce~ that tills SUMMARY OF COUNCIL MINUTES - April 3, 1968 action would not delay award of bid and that, if necessary, any changes in the alignment would be approved by change-order at a later date. D. ENGINEERING SERVICES Addendum to Agreement · Fruit- Mr. Huff presented a proposed addendum to the Engineering Services · vale .. Agreement with Mark Themes and Company for Fruitvale Avenue improvements. 'Engin'r The addendum had been approved by the Director of Public Works and the Service City Attorney, Mr. Huff stated. It was moved by Councilman Itartman, Addendum seconded by Councilman Burry, and carried unanimously to authorize the Mayor to execute the addendum, as recommended. III PETITIONS, ORDINAINCES AND FO~4AL RESOLUTIONS A. RESOLUTION NO. 399 - Resolution calling public hearing concerning formation of Underground Utility District on Allendale Avenue. The City Clerk reported that Ordinance 38.20 authorized the establishment of underground utility districts and that Resolution No. 399 would call for a public hearing to be held May 1 at 8.00 P.M. on the proposed formation Under of an Underground Utility District on Allendale Avenue between Fruitvale ground and Porto, Drive and on the East side of Fruitvale Avenue between Saratoga Utility Avenue and San Marcos Drive. The Fruitvale Ave. area of the district DiSt.~l would include approximately four home sites in addition to the college property and Mr. Huff reported that, after Conferring with Mr. Cowan of the Pacific Gas and Electric Company, he would recommend the inclusion of these homesites in the district. Councilman Hartman stated that this recommendation was a move toward expediting the Council's desire to provide for underground utilites whenever possible, and he therefor~ moved to adopt Resolution no. 399. Councilman Burry seconded the motion~ which carried unanimously, and the MayOr announced that public hearing would be scheduled for 8.00 P.M on May 1, 1968. B. VERDE VISTA II,~ROVE~NT PROJECT ~Verde Mr. Huff reported that the petition for the formation of the Verde Vista Vista Improvement Assessment District was not yet ready but would be planned for the next Council agenda. With no objection, Mayor G]ennon directed this item removed from the agenda. IV SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS Tract A. TRACT 4345 - Mr. Huff reported that all conditCh of tentative nap approval 4345 for an 18 lot subdivision located off Prospect Road had been met, bonds posted, and fees paid. Councilman Tyler asked if pathways Would be con-: structed and Mr. Huff replied that this subdivision had been conditioned prior to General Plan additions relating to pathways but that the Subdivider would be contacted with a request for cooperation in this regard. Councilman Hartman expressed concern about the Flood Control District plans for creek. realignment and Mr. Heiss, engineer for the Developer~ reported that the Developer had, by means of a land exchange, acquired property across the creek from the subdivision boundaries in order to provide a more suitable creek alighment . No trees would be affected by this alignment, Mr. Heiss indicated. It was moved by Councilman Tyler, seconded by Councilman Hartman, and un- animously carried to adopt Resolution No. SD-567-1, approving the final map of Tract 4345. B. TRACT 3998 Tract It was moved by Councilman Hartmen, seconded by Councilman Robbins, and 3998 carried unanimously to release the bond posted to guarantee placing of monuments in Tract 3988s as recommended by the Director of Public Works. SARATOGA CITY COUNCIL SUMMARY OF MINUTES - APRIL 3, 1968 - Continued V PUBLIC HEARINGS - 8.00 P. M. A. SARATOGA CAMPUS ASSESSMENT DISTRICT 1) PUBLIC HEARING ON RESOLUTION OF INTENTION TO ORDER ACQUISITION A5~ I~ROVEMENTS Mr. Huff announced that Mr. Jones, of Wilson, Jones, Morton and Lynch, was present tO assist with the hearing and answer any questions regarding the procedure. }~. Jones stated that, for technical reasons, there were actually Public two public hearinS,; the first under Division 4 of the Streets and Hearings High~;ay Code. This h~aring normally would have been waived, Fir. Saratoga Jones indicated, but ~ould not in this case because the only Campus property owner involved was a college district which ,does not Assessment appear on the tax assessment rolls. One of the provisions, Mr. District Jones continued, would be the consideration of the report from Mark Thomas, EngineerS, and that although he did not feel it necessary to read the report at this time, he did want to point out that this legal requirement had been met. Mayor Glennon declared the public hearing under Division 4 of the Streets and Highways Code and the public hearing on the resolution of intention to order acquisition and improvements opened at 8.30 PM Mayor Glennon duly noted the report from the engineers as required under Division 4 of the S & H Code and Jtated that although only one property owner was involved in this district, the public was invited to address the Council at this time. No one present responded to his announcement and Mr. Jones advised that it would be proper to close the public hearing before proceeding with consideration of the resolutions listed on the agenda. The Clerk reported that no formal prot~st~ had been reccived and, with no objection~ Mayor Glennon d~clared the public hearings closed at 8.35 P. M. 2) ~RESOLUTION NO. 418 - It was moved by Councilman Tyler, seconded by Councilman Burry, and unanimously carried to adopt Resolution No. 4]8 being a resolu[ion of determination, under Division 4 of the Streets and Highways Code, to proceed with proceedings for acquisition and improvements for Saratoga Campus Assessment District. 3) RESOLUTI~ N NO. 419- Mr. Jones pointed out that the revised engineer's estimate of cost amounted to $648,000 and he recommended that this estimate be rounded off to $650,000. This recommendation was based on the call for bids on bonds in denominations of $5,000 and Mr. Jones stated that the $2~000~difference would be offset by the additional cost of printing the odd denomination bonds. Resolution No. 419 would then reduce the original engineer's estimate of cost of constructionfrom $729,000 to $650,000 with the $2~000 to be added to the revised engineer's estimate of construction contingency amount. It was moved by Councilman Robbing, seconded by Councilman Burry and unanimously carried to adopt Resolution No. 419, ordering reduc- tion of assessment to $650,000. -3- SARATOGA CITY COUNCIL MINUTES - APRIL 3, 1968 - Continued 4) P~SOLUTION NO. 420 - Councilman Burry moved to adopt Resolution No. 420, adopting Engineer's Report, confirming the assessment and ordering work and acquisition. Councilman Robbins seconded the motion which carried unanimously. 5) Pd~SOLUTION NO. 421 - The Council reviewed the summary of bids for construction in the Allendale - Fruitvale Avenue improvement project and it was noted again that A. J. Raisch Paving Company § was low bidder at $517,514.00. In accordance with ~. Aumack's opinion that the question of the culvert on Fruitvale Avenue at Wildcat Creek would have no substantial effect on the project' cost, the Council proceeded with consideration of award of bid. Councilman Tyler asked what provision had been made regarding timing of the project, traffic flow and, particularly, penalty clzuses in the event the contractor did not complete the 'job on schedule. Mr. Huff briefly outlined the provisions for detouring around the culvert at Wildcat Creek, access to through traffic at all times, etc. and stated that the contractor would be required to complete the work by September 10, 1968 or incur a per diem penalty cost of $150.00. iv~. Huff added that the bulk of the new construction would be on new right-of-way, off the present major travel way and that no problem has been anticipated in traffic flow. Councilman Tyler observed that portions of streets scheduled for relatively minor work were, in his opinion, frequently among the first to be graded and the last to be completed and that this resulted in considerable inconvenience tothe public. He suggested tha~ it might be possible to establish completion dates for different portions of a project in an effort to avoid problems of this nature. Mr. Amnack stated that, in his opininn, the contract for this job was the most restrictive he had encountered in ~is area and that · the time schedule for the work was extremely short, particularly in.view of the utilities involved. He said that although the major portion of the work was scheduled for completion by Sept- ember 10~ the work on the portion of Fruitvale from Allendale Avenue to San Marcos Ro~d may extend into November. Replying to Councilman Hartman's suggestion that the entire job could be completed by the September time limit if more equipment and men were put on the job, Mr. Aumack indicated that it was felt that specifications of this ~ature would have resulted in a premium bid. He added that the contractor's ability to meet the job completion date would depend, to a great extent, upon the cooperative action of the utilities involved. ~. Aumack also stated that the engineers of work consider the firm of A. J. Raisch Paving Company, the low bidder, to be a reputabie organiz- ation that ~uld make every effort to meet the schedule. Council- man Hartman asked what action the Council could take to insure that the utilities do not cause undue delay and the City Attorney reported that the Council had adopted an ordinance some time ago requiring public utility agencies to comply with requests for removal or relocation of ~scilities within 30 days after being so notified by the city. Mro Huff stated that a number of preliminary contacts had been made with the utilities involved and that it ~as his feeling that the agencies would all be cooperative in an effort to complete the project as expeditiously as possible.. Councilman Robbins questioned the low bidder's record with respect to completion of contracts and was assured by the staff and ~. Aumack tha~ A. J. Raisch Paving Company was a large local firm of good reputation with an especially fine .record for completing work on schedule. -4- SARAROGA CITY COUNCIL MI~FOTES - APRIL 3, 1968 - Continued Councilman Hartman stated that he was not yet satisfied about the problem of projects being held up because of failure of utilities being moved when needed and asked how the Council could be assured that every effort on the part of the engineers, contractors, utilities~ etc. was being made to complete the work as scheduled and the.n act at Council level if failure of one or more parties involved became apparent. Mayor Glennon indicated that he would expect that this type of liaison would be automatic on the administrative level and Mr. Huff stated that he recommended, as a first steps a construction conference among the staff, utilities, engineers and contractor so that the contractor could outline his plans and promote the best schedule for the job. Mayor Glennon requested that the utilities be notified in writing, with copies to the Council, when the City wishes the utilities to be moved and that, if possible, the utility agencies be prevailed upon to reply in writing, with copies to also go to the Council. It was moved by Councilman Tyler, seconded by Councilman Hobbins, and carried unanimously to adopt Resolution 421, awarding the contract to A. J. Raisch Paving Company. 6) P~ZSOLUTION NO. 422 - ~. Jones reported that the low bid on bonds was favorable under the current condition of the bond market ~gh~n compared with local, recent bond sales of equitable projects. It was moved by Ceuncilman Burry, seconded by Council- man Hartman, and carried unanimously to award the sale of bonds to First California Company at a net low interest rate of 4.9877%. RESOLUTION NO. 423 - It was moved by Councilman ~artman, seconded by Councilman Robbins, and carried unanimously to adopt Resolution No. 423, authorizing execution of agreement with relation to perimeter =o~d system and ~ppurtenant ?arkSrig f~cilities. 8) PaSOLUTION NO. 424 - Mr. Huff said that approval of P. esolution No. 424 would enable the City to place instructions in escrow pending availability of funds from the district for ~cquisition of right-of-way along Fruitvale Avenue and ~llendale. It was moved by Councilman Robbing, seconded by donnctlman Burry~ and carried unanimously to adopt Resolution No. 424, 8ccepti~g grant deed from the West Valley Junior College District. 9) RESOLUTION NO. 425 - Mr. Jones reported that an agreement with the Pacific Telephone and Telegraph Company had been drafted and sent to the city attorney and the telephone company and that he had had no opportunity to review the revised draft since it was received back earlier this evening. With no objection, Mayor Glennon ~eferred action on Resolution No. 425 until the next meeting. 10) RESOLUTION NO. 426 - The City Clerk reported that this item was not a part of the assessment district but related to the acquisition of property for the improvement of Fruitvale and Allendale Avenues. It was moved by Councilman Burry, seconded by Councilman Hartman, and carried unanimously to adopt Resolution No. 426, authorizing eminent domain proceedings for the acquisition of right-of-way required for improvement of the above named streets. Recess: 9:05 P. M. Reconvened: 9:23 P~ M. SARATOGA CITY COUNCIL SIJI~a~Y 0F MINUTES - APRIL 3, 1968 - Continued B. GENERALPLAN The Mayor announced that this was the time and place for the public hearing on the General Plan revision which had been under study for many nonths. He outlined the studies which included the services of Planning Consultant Lawrence Livingston, a citizens advisory committee to work on the draft of standards and objectives, and four separate public hearings before the Planning Commission before the plan was referred to the City Council. General Mayor Glennon noted that the Council had requested the Planning Commission Plan for a restudy of several issues listed in its report and recommendation Hearing to the Council and that the public hearing will be continued from meeting to meeting until the more definitive report of those items has been received from the Planning Commission. Mayer Glennon declared the public hearing opened at 9.25 P. M. and asked that all correspondence, ceunuunications, reports and material on file be introducted into the rcord. He then asked if anyone present wished to address the Council on any matter pertaining to the General Plan revision. John Kahle, A Saratoga resident, asked consideration of designating approximately five acres abutting Highway 85, north of Brookwood Lane, as multiple family zone. He stated that the property is presently zoned for single family residential use~ but that the topography and direction of gro~wth in the area indicated, in his opinion, that to~mhouses or garden apartments would be a better use and would be an asset to Saratoga. He said that he felt Saratoga had a need for additional multiple zoning, especially of the type he was proposing. Mr. Kahle concluded his remarks with the request that the Council consider referring this request to the Planning Committee for re-evaluation of the Planning Commission report with respect to this area. Henry Stelling, speaking on behalf'of Mr. B~ T. Caleb, presented a plan' for an apartment complex proposed for development on Mr. Galeb's property adjacent to the Southern Pacific railroad tracks, the Azule crossing Shops and Azule subdivision. He described ~he topography of the area, the need for replacing the Sub-standard struc*utes presently situaeed .on the p~operty and the difficulties Of adapting any other use for the property, Mayor Glennon asked why the proposal had not been presented to ~he Planning Commission for consideration and was told that the o~mer had been unable to engage an architect to prepare the plan previously. Mr. Ivan Holm, Co-Producer of King Dodo Playhoase, which is presently located in the area adjacent to the property in question, spoke in support of the apartment complex proposal. He stated that, as a merchant in the area, he felt the proposed use would be an asset to the area and he urged favorable consideration of Mr. Stelling's request. Tracy Tumlin, representing the Azule Crossing Merchants Association also spoke in favor of the proposal and emphasized theneed for sub- stituting an attractive development for the unsightly structures pres- ently located on the property. Vince Garrod, representing the Saratoga Union Elementary School district, expressed the District's interest in the proposed extension of Herriman Avenue. He stated that the School District favors the extension to Frui~- vale Avenue by an alignment that would run south of the existing Redwood School. The extension would, he noted, conform with the District's plans for school expansion, as well as provide better ciruclation for the public. -6- SARATOGA CITY COUNCIL SIR4F~RY OF MINUTES - APRIL 3, 1968 - Continued Mr. Carrod then described areas which the school district considers surplus property that could be used in cooperation with the city for parl~ development. H~]particulerly pointed out the suitability and beauty of the area adjacent to city property and behind the Red- wood School along Wildcat Creek. Although several of the school sites have no available surplus property for joint park use, Mr. Carrod indicated that the district would cooperate fully with the city any efforts to provide recreational areas. As an individual, Mr. Carrod cu~L~ented that he was interested in preservation of open space and that he would like to maintain the 50 acres he owns for this purpose. He suggested that if the area were zoned Agricultural - Recreational instead of single family residential, the tax benefit would permit him to keep the area un- developed. He assured thQ~ COuncil that although he realized that it was not possible to z~ne the area for recreational use, he would not develop the area if ~t~ was classified as agrihultural. At the ~:~yor's suggestion, Mr. Ca=rod stated that he would try to develop a concrete proposal for consideration by the city, developed with assunance to the City th~,the open space would be retained for a considerable length of ti~e~ Roche Garcia, representi~jWi C. Garcia, urged sadoption of the General Plan revision as prOpOsed by Lawrence Livingston and expressed approval of the da~ignation. for the property located south of Prospect Avenue and East of Highway 85. Mr. ~arcia asked the Council to take formal actio~ at this time to zone the area as proposed but ~yor Glennon advised him that the Council could not act on ~ny of the General Plan recu~aendations until after the plan had been approved. The Planning Director stated that an ordinance would be required creating Visitor Commercial zoning district. before Specific applic- ations for such zoning could b~ filed. No action had been taken in this ~eghrd, Mr~ Walker stated? pending .the adoption of the General Plan revision, although the Planning Com~ission iS preparing the zoning ordinance amendment required t~ implement this general plan pr~vision~ A1 HansOn told the CoUnCilthat he did not think th~ Gnnerai Plan adequately filled a need]for future trmffic needs, particularly in the ~uito-Poll~d Road area. He urged further investigation of the traffic projection~ and §t~ted that it was Ibis belief that the junior college Uampus, ~d]acent.=cities' development, and general population increase in the area ~ould necessitate substantial improvement to Quito Road in the ~mediate future. Mr. Hanson reported that he had been told by Dr. Hall that the West Valley Junior College District had not been contacted with regard to the General Plan studies and it was Mr. Hanson~s strong recommendation that this be done. Mr. Hanson also advocated higher density residential zoning along Allendale ~ venue from Fruitvale Avenue to Wildcat Creek. He stated that 1/2 acre zoning in this area would encourage residential development and that it was his hope that no more churches or schools would be constructed along Allendale Avenue. Support for a golf course east of Fruitvale Avenue was expressed by Mr. Hanson but he stated that he would not be in favor of retaininS the present zoning in the event the golf course development did not materialize. Mar. ~ller~ Russell Lane, questioned the status of Russell Lane plans and Mr. Walker advised ~at the present General Plan designates the street as a collector street, with 32' paving on 50' right-of-way. ~e Planning Con~nission recommended that this designation be removed and the street maintained at its existing width. However, Mr. Walker advised, the original designation will remain on the General Plan Map until the Council completes its study of the recommended revisions. -7- SARATOGA CITY COUNCIL SUMMARY OF MINUTES - APRIL 3, 1968 - Continued Mayor Glennon invited anyone else present to address the Council regarding the General Plan and, there being no response, it was moved By Councilman Burry, seconded by Councilman Robbing, and carried unanimously to continue the public hearing to 8:00 o'clock P. M. at the next regular meeting of April 17, 1968. After brief discussion relative to possible alteration to the community park plan [econmlendations, the M~yor referred the matter back to the Planning Conmlission for consideration of thePlanning Committee and Planning Consultant's suggestions. Councilman Robbing asked if traffic counts could be made available and Mr. Walker indicated that he would obtain them from Mr. Livingston for distribution. VI ADMINISTRATIVE MATTER~ A. MAYOR (1) Mayor Glennon announced that the Inter-City Council would meet I.C.C. tomorrow evening and that the princlple speaker would be Ira Mtg. Blue, the radio commentator. (2) Fur. i,~rray asked if he might address the Council regarding Gardiner Park and was advised that he would be invited to speak at the time on the agenda when communications are considered. P.P.C. (3) Mayor Glennon expressed his appreciation to the other Council members for their attendance at the Planning 'Policy Committee meeting held last 111ursday. B. FINANCE Claims It was moved by Councilman Burry, seconded by Councilman Robbing, and carried unanimously to approve the list of disbursements dated April 3, 1968 and authorize that warrants be drawn in payment for a t~tal amount of $56,957.76. C, COUNCIL COMMI'ri'MES AND REPORTS (i) Cdunctlman Burry reported that the Manaaement Committee had reviewed the cityss insurance program and!recommended several changes. Briefly,-these changes were: (1) Terminate the present employee group life insurance policy with Manufactureris Life Insurance Company and place the coverage with Standard ~nsurance Company of Portland Oregon~ (2) Increase the fidelity bond City's coverage for the City Clerk~Admi~istrator and City Treasurer Insurance from $25,000 to $100,000. (3) increase the excess liability Program coverage for the city. (4) Drop automotive collision insurance for the city's cars and trucks. ~e.$5~7.83 incre'ase in cost for the fidelity bond premiums would be offset somewhat, Councilman Burry added~ by the $468 decrease in premium for automotive coverage. He reported that although the committee agreed on all the recommendations it did not a~ree on the amount of excess liability coverage needed to adequately protect the city at its current rate of exposure. Councilman Robbing stated that it was his feeling that $3,000,000 would be adequate but that Councilman Burry favored increasing the excess coverage to $5,000,000. The City Attorney advised that although expenses for liability in excess of tile city's coverage would, if necessary, be taken out of the tax base and could force the city to adopt a maximum tax rate, he did not think it likely that the city ~ould even approach a $3,000,000 liability in a single occurance. Councilman Hartman questioned the recommendation that automotive collision insurance be dropped and Councilman Burry said that this was based on the incidence of risk in relation to the nu-nber of vehicles owned and that the additional premium cost would exceed probable collision expenses. He noted that the city's insurance agent concurs with this recu~mueadation. It was moved by Council- man Hartman, seconded by Councilman Robbing, to adopt the Committee report, with excess liability insurance to be set at $3,000,0~0. The motion car=led, with Councilman Burry dissenting. -8- SUMivORY OF COUNCIL MINUTES - APRIL 3, 1968 - Continued (2) Councilman Burry reported the the Management Committee would meet Police morr~.~ evening with Sheriff Prelsnik to discuss the police protection Study question and that a report would be mode to the Council at a later date. (3) Councilman Robbins stated that he had received a telephone call from Mrs. Scroggins of Montpere Way, relative to Flood Control District removal Tree of trees on San Tomos Creek. He asked that the staff be requested to removal - contact the Flood Control District in an effort to preserve the trees, San Tomas if possible. Mr. Huff noted that residents of Quito Oaks Way had worked Creek with the Flood Control district in an effective effort to preserve the trees behind their homes which had been scheduled for removal in a San Tomas Creek project. He said that the district had notlied the city several weeks ago that a bid had been awarded for creek work but that no further contact with the city had been made. Mr. Shook stated that he would telephone the Flood Control District to investigate this matter as soon as possible tomorrow morning. (4) Mr. Tyler reported that the Planning Committee had reviewed the matter of the possible purchase of some land adjacent to Gardiner Park but Gardiner that the committee had been unaware of any objections from residents of Park the area to the city's plans for the park. Mr. Murray, a resident of the Gardiner Park area, stated that he was speaking on be[lalf of other property m~ners and that none of them~ to his knowledge, wanted the park. He said that the residents would prefer that the park land be sold and developed in residences. He expressed the opinion that the area would attract outsiders, particularly from the Junior College Campus and would become a public nuisance. Additionally, he stated, the residents had all the facilities they either needed or cared to have for their children~s recreational needs. Daniel Walker, Portos Drive and Mike Orr, Portos Court, also objected to the park and cited expected traffic prbblems wh.ich would he created on the predominately residential street~ in the area. Mr. Orr stated that the problem of traffic flow through residential streets should first be solved and that he ~el~ that hisihome investment should be protected. Besides the traffic and noise which he feared would be generated, it was his feeling that the children had ~ fine pl~ygfcuud in the cul-de-sac -I ' .of.-P6rtos.Codrt; Mr. Walker asked that a pedestrian access off Myren t)ri~e be provided in the event the city does not agree to sell the property. Bernie Dale Spoke in opposition to the use of the property for a park and said that he would not have purchased a home in that area had he known the park would be there. Councilman Tyler pointed out that the small area of Gardiner Park would not lend itself to an~ other than a neighborhood park for small children and parents and that he could not visualize the type development the site would accomodate in the light of the residents protests. He could not, he added, agree that a park of that nature would attract anyone out of the area. The property the committee considered for possible acquisition, Councilman Tyler reported, was to provide access to the park and that even if a pedestrian accees were provided~ vehicular accems wo~ld still be required for maintenance purposes. It was the Committee recommendation that Mr. George Day be requestednot to develop Lot 32 of Tract 2544 until the Council has acted on the General Plan recommendatinns from Lawrence Livingston. It was moved by Council Hartman, seconded by Councilm~n Tyler, and carried unanimously to accept the Planning Committee report and request Mr. Day to refrain from building on the lot in question until the General Plan Review has been completed. SARATOGA CITY COUNCIL SDI~v~RY OF MINUTES o APRIL 3. 1968 .-, Continued (5) It was moved by Councilman Tyler, seconded by Councilman Sorry, P.G.& E. Co. and carried unanimously to authorize the 14ayor to execute Agreement for agreemence with P. G. & E. Company for conversion :of all the conversion to incandescent street lights in the city to mercury vapor lights, Mercury Vapor at an annual additional cost of $180.60. Councilman Tyler noted Street Lights that it was the Public l~elfara Committee's opinion that the conversion would make little difference in appearance but that additional liFjat would be provided. (6) Councilman Hartman observed that the concept of park development Park Develop. varies with each individual and that he thought it would be Landscape helpful to the Planning Committee to have the benefit of a lav~- Architect scape architect on a limited basis. He suggested that sketches Services' could be provided at nominal cost for sraall projects such as Gardiner Park orHighway 85 landscaping. He stated that he had spoken to one architect who would be willing to provide this service and that others would probably also agree to provide simple sketches in lieu of expensive and elaborate plans. Mayor Glennon indicated that he thought it ~ld be preferable to wait until a Petit Con~aission has been appointed and, in the interim, specific requests for landscape architectural services he pre~ented to the Council on an individual basis. Hwy. 85 Councilman Hartman advised that he would contact the architect Landscaping he had spoken to previously and would return to the Council with a cost proposal for a Highway 85 landscaping sketch plan. D. DEPAKTMENTHEADS AND OFFICERS (1) The City Attorney. r~ported that the judge presiding at the Van Van Aredale ~ Arsdale-Smi~h vs. Cit~ of Saratoga suit had rendered a verbal re. City opinion that hd wout~ not enforce the settlement agreement and had advised hi~ to pick a date tp try.the rest of the case. Meanwhile,~Mr. 3ohn~eOn continued, the Plaintiffs' attorney had advised him that his clients had decided not-to press the case any longe~, and Wished it to gO ,off court calendar. Mr. Johnston indicated that he did not agree to taking the case off Calendar and asked f~r Council direction. The MayO~ suggested Waiting until after the action of the other parties before making a decision. (2) Mr~ Shoo~ reported that work required in connection with SDR-668 SDR-668 had been completed, with the exception of recordatiOn of the bond parcel map and he recommended release of the investment cert- release ificate posted in lieu of bond, subject to receipt of the ,[ecorded map. It was moved by=Councilman Robbins, seconded by Councilmen Sorry, and carried unanimously to release the invest- ment certificate, subject to recordation of the parcel map. E. CITY ADMINISTRATOR Creme (1) It was moved by CoUncilman Burry, seconded by Councilman Robbins, Claim for and carried unanimously to deny a claim filed on behalf of David damages Richard Crema and Elvin Crema for alleged damages for personal injuries and refeF the claim to the city's insurance carrier. A.J.Raisch (2) Mr. Huff requested authorization to award the contract for award of'bid street improvement work on Fruitvale Avenue outside the assess- Fruitvale Ave. merit district to A. J. Raisch Paving Company at a cost of $131,000. He indicated that A. J. Raisch Company submitted the law bid on this project as well as the assessment district project. It was moved by Councilman Burry, seconded by Council- man ~Robbins, 'and car~led unanimously to award the bid for this work to A. J. Raisch Paving Company, as recommended. -10- SARATOGA CITY COUNCIL SUI~4ARY OF MINUTES - APRIL 3, 1968 - Continued (3) Mr. Huff reported that one of the two new automobiles purchased by the City had been received and that the other one would be sealed.bids delivered next week. He asked authorization to call for sealed for. ~idy bids On the two old.ca~s and othe~ miscellaneous items ~hich owned excess are. no longer neededi It!was moved by Councilman Burry, seconded equipment, arc; by CoUncilman Robbin~,~and carried unanimously to authorize the City Administrator tO caii for bids, as requested. Reaffirm (4) It was moved by Counciimad Hardnan, seconded by Councilman support for Burry, and unanimously charled to reaffirm support of the Co. Vehicle fee County Vehicle license fee. City Code (5) The City Administrator announced that supplements to the City Supplements Code had been received and asked that all code books be turned in to city hall for replacement with the up-to-date codes. (6) Mr. Huff reported that six magnolia trees on Prospect Road Cost are scheduled to be moved by the Campbell High School District participation but that the district does not plan to move six larger magnolias. in tree moving - He asked if the city would consider participation in the cost Prospect Ave. of moving the six larger trees in an effort to preserve them. Councilman Hartman indicated that the trees were very large and atteactive and that he estimated a 60% chance of saving them if they were moved. It was.moved by Councilman Tyler, seconded by Councilman Hartman, and/Carried unanimously to authorize participation to the exteh~ of 50% Of the to[el cost of moving the ~rees. wU GOMMUNICATIONS A. WRITTEN (1) ~ petition was presented, ~igned b~ approxi~htely 200 fo~ ~ walkway on Saratoga AVenue, ~xtending from the Bldney ~etition for. Pl~2a t~ FruitVale Avenue, except in those areas where there walkway - presently exists a place to walk or ride a bicycle off the Saratoga Ave. D~. Rd~.'~Urged aPp~ovai Of this ~e~ueS~ and asked tha~ be included aS part of the General Pian~ Mr. Watker s~atea that ~a~hways e~a ~eCommended generaiiy along all major thoroughfares but that no early timing of She re~- commendation was made. Mr. Shook suggested that it may have been planned in connection with Saratoga Avenue improvement and Mr. Huff stated that he did not think the intent was to delay pathways projects until scheduled 1975-~7 street improvements. The Council agreed, and with no objection, Mayor Glennon referred the matter to the Management Committee for report and recommendation as to a priority schedule as part of the capital improvement ,program currently under consideration ~y that co~ittee. Big Basin Way (2) A letter from Elizabeth Gaudreau was referred to the Planning complaint re Director for investigation of Complaints of unsightly lots on lots & refuse Big Basin Way.; Another item mentioned by Mrs. Gaudreau pertained cans to the need for additional refuse cans in the village area and Mr. Huff indicated that he had planned to recmmuend replacement with another style during 1968-69 fiscal year. -11- SARATOGA CITY COUNCIL SUMMARY OF MINUTES - APRIL 3, 1968 - Continued B. ORAL (1) Mr. Wlllye Peck addressed the Council regarding the building owned by the Saratoga Historical Foundation and temporarily locat. e:~ Historical in Wildwood Park. He reported that Architect W~rren Heid had Foundation checked the outside of the structure to determine the extent of building in damage from vandalism and had indicated that he considered it Wildwood Park basically sound, Mr. Peck said that the Historical Foundation had hoped to remodel the inside of the building and use it as a museum but that plans had been delayed and involved the com- pletion of the city's studies of park development and determinatio:~ of a permanent location for the building. After discussion, Mayor Glennon referred the matter to the Public Welfare Committee and asked them to investigate the possibility of protecting the building from further damage until some permanent location can be established. (2) Councilman Tyler asked for a progressrreport of the property .adjacent to the Bastianelli-Neale's Hollow property and Mr. Bastianelli- Huff stated that the Planning Committee had reviewed the matter Neale's Hollow of the access road and recommended that the center of the loop access road area be landscaped and parking for four cars be permitted within. the loop. Landscaping go provide screening was rec- commend. ed; for the entire parking area in Neale's~}lollow, as well as deCeleration lane on Highway 85 to permit right turns into Neale'S' Hollow and the apertment area, A pedestrian access would be ~rovided adjacent to the highway and decorative barriers of posm aM chains would Be erected to protect the landscaping~ It was moved by Councilman tlartman, seconded by Councilman Tyler, and carried unnn~.n.~.:111~- t~ adop~ ~he commt~tee report: as outl{ned. VIII ADJO'.3R~L~NT b~yor Glennon acknowledged, with pleasure, the presence of Mrs. Ruth Owen of the GoOd Government Group and thanked her for serving coffee during the recess. It was moved by Councilman BUrr~, seconded b~ ]Councilman R0bbins=, and Carried unanimously ~o adjourn the meetin8 at 12:05 P~ M~ Respectfully submitted, J. R, HUFF, CITY CLERI(