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HomeMy WebLinkAbout12-09-1975 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, December 9, 1975 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Adjourned Regular Meeting I. ROLL CALL Present: Councilmen Brigham, COrr, KraUs, Matteoni, Bridges Absent: None II. PUBLIC HEARING CONSIDERATI(1N OF,DEVELOPMENT COSTS FOR OFF-SITE AND PRE-CONSTRUCTION ON-SITE IMPROVEMENTS FOR PROPOSED CITY-OWNED LIBRARY SITES,. COX AVENUE AND SARATOGA- SUNNYVALE ROAD, AND SARATOGA AVENUE NEAR SACRED HEART CHURCH, AND CONSIDERATION OF SITE LOCATED AT GORE OF SARATOGA AVENUE AND FRUITVALE AVENUE ON CITY-OWNED LAND The City Manager summarized the last several months of activity concerning this subject, and. indicated that the County Library Commission's recommendation to the Board of Supervisors was to reject the site selected by the City Council at the corner of Saratoga-Sunnyvale Road and Cox Avenue, and suggest that the Board of Supervisors meet with the City Council to discuss alternate sites. Mr.. Beyer ~further.indi~cated .tha't~the staff, at the request of the City Council, has p~epared ~'ost ~estimates"for the pre-development and off-site improvement costs for both sites on City-owned land, as well as a third site on City-owned property on the corner of Saratoga Avenue and Fruitvale Avenue, or the gore. He then outlined the three concepts discussed for the site on Saratoga-Sunnyvale Road and Cox Avenue, indicating that unless the library structure were to straddle the creek at this location, considerable re-design would be necessary. He provided this cost breakdown, which included off-site grading and.road work, widening of Cox Avenue bridge, on-site grading, creek conversion to culvert, and contingencies, all of which Was estimated at $109,000. Development costs for the Saratoga Avenue site adjacent to Sacred Heart Church is estimated at $30,000, the major costs being the road work, which would involve widening of Saratoga Avenue. The City Manager then reviewed the development costs for the third alternative site on Sa,ratoga Avenue and Fruitvale Avene, indicating building re-design would run approximately the same as the Saratoga Avenue site near Sacred Heart Church, and the work on Saratoga Avenue would not be as extensive in terms of the widening. He reported that there is an estimated $11,000 for removal of the concrete slabs, and a total estimated improvement cost of $36,100. Mayor Bridges asked if he was correct'in understanding that the?Saratoga'Avenue (Sacred Heart) site includes nolpathways or devices to be used to move pedestrian or bicycle traffic from the stop light into the site, and if so, what iS this distance. The City Manager replied that this was correct, and. the distance would involve close to 1,000 feet. He commented that if there was any additional off-site work to be done, this would be an additional cost to that which is indicated. Councilman Kraus asked why the off-site grading and road work is $6,000 more on the Saratoga Avenue (Sacred Heart) site. The City Manager was unable to find this explanation, and indicated he would report this later in the meeting. Councilwoman Corr asked i.f the $16,000 for road work on the Saratoga Avenue-Fruitvale Avenue included the changes in the signal changes at'the "Walk" light discussed pre- viously. Mr. Beyer replied that there.wouldn't be any changes necessitated in the signali- zation, but changing the.walk pattern, and this could be added. Councilman Matteoni indicated it was his understanding~e~i~usT~i'scussion with the Council, that one of the reasons for the addit~'6h~ls~i~'6'~,the'Saratoga Avenue-Fruitvale Avenue site was the.landscape buffer at' the gore. He asked if it was possible to tighten this site up, or was this acreage that is' necessary for a library, if it is togo at this corner. The City Manager replied this could be tightened up, if desired, and pointed out that'the cost-per-ache is the same as that of the adjacent parcel. The Mayor then declared the public hearing open at 7:50OP.M. Supervisor Rod Dirid6n~.addressed the Council, advising that he took part in the deliberation in regard to the original site selection.process, and therefore, the Council knows of his feelings on this i'ssue because of prior debate'and prior vote. He indicated that he would like to stress that the new Board of Supervisors has taken several stands whichlgav~ full~authority to local governments to plan their land uses as much as possible, and he believes this decision falls into this cate- gory, as the Council is declaring-a land use which~wi~ll have major impact on the q~lity of life for thecitizens ofTSaratoga. ~He commented~h~~i~i~ a -ldcal issue that has to ~be decided. here'by the City Council, and,that the Council's decision would carry more weight with the Board of Supervisors than other comments that might be heard, and the Council's decision would prevail. Mr. G. :C~rlso~,,~12234'B~ookgl~D~i~T'&d~r~ss~d the Council,"~nd commented ~h~t'it is his feeling the Council has a very major charge and responsibility before them in selecting the library site. Mr. Carlson further commented that there appears to be significant problems associated with.the presently-adopted site, as far as the costs are concerned -- one being that it would take up approximately 3/4 the total funding that was originally'allocated for land, which he didn't feel would seem that unusual, but would perhaps be a very appropriate co n~iderat~6n. Mr. Carlson further commented that it has been talked about for a long time the need to find a location that would be appropriate, and there has been one site that has kept coming back to the forefront of every discussion, that being the primary site, located on Cox near Saratoga Avenue. Therefore, he felt it would be reasonable to consider all possible and practical sites that would be available to the City for a library, and he felt the Council should also consider the site that~was initially chosen,.and the one which has been repeatedly picked as first choice over two years of public hearings. He felt thi~ site should be considered, particular since it appears that the seller is willing to make concessions and to no longer create any difficulty in the negotiations on this ~ite. He therefore~ 'felt it would be an error not to consider this site. He commented that the selection of a library in the City of Saratoga really boils down to a couple of primary points: 1) You can put it where people, the importance of this being accessibility, and the ability of people we wish to motivate to get there to be able to get there on their own -- primarily chi'ldren and other people who are not able to use automotive transit. He felt if the site is placed adjacent to City Ha~l where there is church development, college development, City develop- ment and school development, there is a buil~y~in limitation; ahd if the library is placed in the best location for access~6~ ~e'mo~ople without an automobile, this would encourage usage of the faci~i~'~i~h~Dt"~a~ing to resort to driving to it. He felt the costs of the facility certainly have to be considered, and the differences in costs being talked about here are a difference of 5 to 8 percent, but it should be considered this is a facility we are going to be living with for a long time, and the housing patterns and land usage in this City are not going to change significantly during this period. He, therefore, indicated he would like the Council to consider al3 sites available, and to¢~d~-~he primary site as a viable location and one - 2 - whi:ch, if it is available under terms that are favorable to the City and to~the citizens of Saratoga, that it be adopted as such. Margaret Whalen, 14140 Victor Place, Vice President of the Friends of the Saratoga Libraries, commented that she would like to inform the Saratoga City Council of a majority motion passed yesterday at their general meeting: "Friends of the Saratoga Libraries wish to recommend a City-~wned site for the newSaratoga Libra~v to be located between Fruitvale Avenue and Sacred Heart Church on Saratoga Avenue. In other words, we are in agree- ment with either site on the gore or the Sacred Heart property." RQdalpH Kanne, 19918 Bonni~Ridge Way, addressed the Council and indicated he would like to make a statement on behalf of the Good Government Group of Saratoga. "It is up to this Council to selecta site for the regional library in Saratoga that will give all of Saratoga the best and mosat library for now and for the years to come. And the years to come stress the fact that we need to allow for possi'ble expansion at a site where the 1.2 million dollar library can make a long-term civic, cultural and aesthetic contribution, and we strongly favor a site on the City-owned land on Saratoga' Avenue." Mr. Kanne then read the letter from the:Good Government Group, dated December 1, 1975, sent to the Mayor'and Ci.ty Council. This letter has been made a part of the fiJe in the City Clerk's office. Gladys Armstrong, 20462 Chalet Lane, addressed the Council. She indicated she is President of the [os~Gatos-Saratoga Branch of A.A.U.W., and one month ago, their Board of Directors voted to submit to the City Council their proposal that they favored a City-owned site for the library in Saratoga. She indicated that last Friday at their Board of Directors Meeting, they voted that they:would recommend either site on Saratoga -- that of Saratoga(Sacred Heart Church) or the Saratoga- Fruitvale site. But they definitely feel they want to go with'a City-owned site, and either of these two would be very acceptable to their organization. Mildred Gordon of Blauer Drive ~dicated she is here tonight to represent the position of St. Andrews Church. She stated that Reverand Ray Strasburger is unable to be here this evening, but asked that she come and. tell the Council the Church's preferance. She indicated that he feels the site next to'Sacred Heart would be more desirable for the reason that he feels traffic across Saratoga Avenue would be more difficult to control at the stop sign, and.he feels it would be easier further down the street. Also, he feels there are problems of access from the school out onto the street. Therefore, his preference and that of St. Andrews is the site next to Sacred Heart, City-owned property. Charles Huff, 12725 Miller Avenue, indicated he would like to add to the petition which he submitted to the City Manager this morning an additional 55signatures. He then read the letter which accompanied the petition, which is on file in the City Clerk's office. Mr. Huff commented that there was' an overwhelming support for the petition by those who saw it. He further con~nented. that if the City Council does have an agreement with the property owner for the ~ite~onsSaratoga'&nd Cox Avenues, he would like to know what that agreement is and whether or not it is satisfactory to the City, and if not, why not? He commented that up to this point, nothing has real~ly been said about the negotiations, and he believes the people have the right to know. He felt this should be brought.to l'ight, especially when we are talking about "the primary site" which has been'looked at for a long ti me, and i't was made very evident that this was the site.in demand. Mr. Huff indicated that the intent of thi's petition is to demonstrate that th( support for the "primary site" is in the north side. He therefore suggested the Counci'l put it on the agenda and discuss the agreement which the Council has in hand. - 3- Marlene Duffin, 21241 CanyonView Drive, addressed the Council on behalf of the Wildwood Heights Homeowners Association. She indicated the letter which was addressed and presented to. the City Council did speak to the fact that~the Home- owners Association isin favor of a City-owned site, specifically on Saratoga Avenue, an3a~here in the vicinity between Fruitval'e and Sacred Heart Church. She indicated she would like.to speak against considering any other sites, as she feels the Council held an open hearing and spoke in good faith when it selected a City-owned site. Mrs. Duffin stated that if the Council chooses to consider any other site, this open hearing should be continued. She ~ndicated the open hearing notice specifi- cally talks'about three sites, and she, in good faith, is ordered to representSthe Homeowners Association, and a~so being l'egislative chairman of Redwood School P.T.A., and after having turned in two petitions with over 60 signatures. Therefore, in speaking to these people, s'he ~pbke to the City-owned sites, and .this would tend to put conscientious.citizens in a less-thain~favorable light if the Council were to consider just those sites which they originally spoke to. Nat Abrams, 19739 Edina Lane, addressed the Council and indicated he would like to hand the Mayor a signed copy~of an agreement, and he does this for the purpose of making open discussion of that agreement possible withou~ any concern that dis- cussion of a parcel of land that the City has designated to a .public use would be under danger of inverse condemnation proceedings. 'Dr. Abrams commented that in the past, he had assured the City that he would~not institute inverse condemnation pro- ceedings, and he wanted to make sure tonight that in fact the Council had an agree- ment signed that precludes any possibility whatsover of. this being done. Dr. Abrams indicated that his purpose of bringing~this agreement to the Council today is that negotiationsLhave been difficult on both sides -r he is tired of them, and he is sure everybody else is tired of them. 'He commented that in the process, rumers have circulated because of the secrecy of the negotiations, and derrogatory statements made of many people involved in the negotiations, and he believed this ~ssue should be layed to rest.. Therefore, he urged that the Council consider this agreement in public hearing, and the Council wOul~dhave~his full per--~ mission to discuss anything which he said or presented'i!n the course of the past months. Dr. Abrams stated it was'his observation this is~6~o~'t~e~sl~rgest crowds present this evening that he has seen on this issue, and thes~'~'6pleare'here be- cause they are interested in the library.' Therefore, he felt. it would be the decent thing for the City to discuss this site in open hearing. Mayor Bridges reviewed the agreement briefly, and indicated it was his u~derstanding the agreemeht does not foqlow where the Council was when the negotiations were broken off. He indicated this agreement would be made available to public for their review, and if they wanted to'iask questions about any point within the agreement, they may do so. He further commented that this has been a very open process, as far as he is concerned, and there have not been any secret negotiations. Councilman Kraus indicated he would lik~ to proceed with the public hearing in reference to considering the'~City-owned sites. He commented that he has no.~bjections to the public reading this mater~al; however, he feels the majority of the people here tonight are here to consider a City-owned site for the Saratoga Library. Councilman Matteoni commented that he fel't it was also fair that each of the Council- people have an opportunity to review the .document before there is any public dis- cussion of it. He further commented that he was on .the negotiating team for' this proposed site during August and September, and during this process, there were reports back at public meetings as to the progress of those negotiations, and he would be perfectly comfortable with discussing the history of the "creek site" and why the Council had to move away from this proposal. Councilman Matteoni indicated that he is very tired of the library problem, and would like to lay it'to rest to- night, and would be most reluctant to find reason to continue the hearing tonight. -4- Councilwoman Corr commented .that the Council voted to terminate negotiations on the site on Saratoga Avenue and Cox, Avenue, and now they have an agreement before them whi.ch they haven't even had a chance to read and study which she'didn't feel the Council should even take the time tonight to consider. It was'her feeling that the people came thi.s evening to speak on the City-owned sites, and the Council should continue the h~aringon this. Mayon~Bridges commented that under any .agreement the Counci,l' has seen thus far, this site is not available to the City, and the items contained within this offer are the same as the Council has been dealing with over the.past 8 months during negotiations. However, he indicated if it is the Council's desire, he would go through the agreement, and indicate the basis for the Council's rejection of same. Councilman Kraus indicated he would object to this procedure, and he felt the Council should here the people who are here and the reason theycame'first. The other council members were in agreement with this. Therefore, the hearing on the matter of the City-owned sites continued. Amy Jorgenson, 13631 Saratoga Avenue, addressed the Council on behalf of her husband and herself. She advised that they live d'irectly across from the City-owned property that stretches from Fruitvale Avenue to.Sacred Heart Church. "Mrs. Joraenson commented they have written several letters~.~ppear~b~f6~'~'th~Ci~ty Council"to urge the selection of this site as' the perfect on~ ~o~'t~e-lib~. She indicated that the property they live on has been in their.family for 6 generations, and she and her husband have lived there for over 30 years, and all during that time, to her know- ledge has there been but one traffic.accident along Saratoga AvenUe. She commented that there are now bike paths a~d walking paths, as well as the signal lights at Fruitvale Avenue. She indicated that her husband is an instructor at West Valley College, and he rides his bike to and from ~lasses 5 days a.week, and has no trouble with traffic. She further pointed out that the school children from Sacred Heart and St. Andrews walk along either side of the road and cross at the signal, and there have been no accidents with the school children. Mrs. Jorgenson commented that she~'and her husband feel the gore parcel would be more advantageous than that site next t6 Sacred Heart Church, as she would like to see that untidy, depressed area cleaned~up and made into an.attractive entrance to 'our city. Also, she felt it would be advantageou~ to have a library within a stone's throw of three~of, Our schools, it is an advantage to have it close to West Valley College. She commented that many of the college stgdents and instructors use the County branch libraries as much as they use the College Library. Also, it would be close to QuitoElementary and to the high school. Also, the gore parcel has been shown to be one of the less expensive parcels to develop, With the ingress and egress from Saratoga to be easily accomplished. For these reasons, Mrs. Jorgenson indicated she would urge the Council to select a site -- a City-owned site ~- for our library. Martha Beverett, 19597 Via Monte Ave., addressed the Council on behalf of herself and her family, as well as 4 neighbors Who have asked her to put'a word in tonight. who believe a City-owned site is the way to go. She stated that they would strongly urge the Council not to digres~ from their plans this evening, but to follow through with a decision. Jim Appleyard, 19284 Harleigh Drive, indicated he would like'to' compliment the staff on the selection of the word "gore", which means a triangular piece of land. He indicated he would like to sympathize with the folks on the north. side of town who he has heard speak here on a number of occasions in favor of sites either on Cox and Sunnyvale or the original site,'and this is an understandable preference. He pointed out that he is here representing the Good Government Group, and they do have members who are broadly nepresentative of the City of Saratoga~many of whom reside in the north side and are members of these various organizations heard to- night. As they look at the whole spread of what has been happening here, they have to note that this measure was passed by a vote which was Quite broadly 'spread throughout the town; therefore, one cannot pick any particular region and say: "These are the people who put this thing across." Nor can one point the finger to another part and say: "These'people fail ed." He commented that they who are trying - 5- to get a library here represent quite fairly the entire population of the City of Saratoga. Mr. Appleyard commented that as they look at those sites up for public hearing this evening, they have to say, in looking at the locations and the character of the sites, that they have to prefer the sites on the City-owned property at Fruitvale and Saratoga, whether it be in the ~ore or next to Sacred Heart. He stated that from just this broad aspect, this would appear to have a number of advantages -- an advantage of a setting, of control, of surroundina, of controling the details of the site, of the landscaping that can be done, of being able to con~ struct a park on this site, and of putting something up for the'citv that we could all be proud of. Also, he commented thatit is ~entralIly located geographically, and he felt there are many people who would come to this site by bi'cycle or by foot. Mr. Appleyard commented that when you 10ok at the cost, there is 'no question ~' that the cost favors this site. He commented that not too much is known about this third site, but we know something about the first one that was picked, on Saratoga Avenue. Mr. Appleyard stated ~they know there have been negotiations and there have been some difficulties, and he stated: "If you think that we're going to take an agreement that has just been put on the table, read this and make some decision on it tonight, you have another think coming, because when you look at all the trouble>the Council has had dealing on that site so far, my reaction is I want a'battery of !lawyers to study that, and even then I don't know if I'm going to'believe them." Therefore, Mr. Appleyard recommended the Council stick with a site on City-owned land? '- Frank Perdichizzi, 19804 Colby Court, addressed the Council and commented that since the vote was taken by the City CouncH to put the library at the corner of Cox Avenue and Highway 9, iLt was assumed that this would be where the library would be located. Now, the City has proposed that it be mo~ed to the City Hall location. Mr. Perdichizzi stated that he would think since a third' site~has been brought out, this would re- open the whole issue and that all sites should be considered, including 'the preferred site. Mr. Perdichizzi commented that those people who worked originally on the Bond Issue to help obtain the monies for the librarv were of the understanding that the preferred site would be the one selected, and 'the City Counci,1 has worked hard to try and obtain that site. He stated that he is assuming that the contract that Dr. Abrams has handed the City Council i~zasthe City Council had wanted it in the past. Mayor Bridges corrected this misunderstahding,'stating that in his cursory glimpse of'the agreement, it is not the Council's position when they broke off negotiations. Mr. Perdichizzi indicated he would still prefer to see thelibrary at ~the original site, as those who worked for..the Bond ISsue worked mainly to obtain the library at that location. Also, he commented that the vote was very close -- something like 40 votes in favor of the Bond Issue. He indicated that those people on the north side feel that this should be the prime site under consideration tonight. With regard to price, Mr. Perdichizzi commented that the improvements at Cox and Highway 9 would be about $109,000 vs.about $35,000 or $36,000 in the areas on Saratoga Avenue~'T~ni~'~hi'~i:~tated that these are just the improvements, and wondered how the overall costs'cb~pared -- for instance, the land costs plus improvements vs. the original site th~t'wouldbe purchased from Dr. Abrams,. He asked~f~his w~u~ld be the difference of a few thousand dollars, or would it be~$~O0,O00,. as - ~ this land would not require additional monies for improvem~.~'H~ur~6er 'commented that there would have to be modifications to the building to relocate it to the Saratoga Avenue site, as the building was originally designed for the creekside site, so this is $17,000 that wouldn't have to be spent. Therefore, Mr. Perdichizzi felt a serious look should be given that creekside site again. Mr. Perdichizzi indicated he would like to say a few words on behalf of the Prides Crossing Homeowners Association. He stated that the homeowners association took a stand a few months ago at a orevious public hearing in favor. Of the creekside site as the best location for the'north side and for thOr!people 'living in the Prides Crossing area. Some'of the reasons for this was that there would be much less noise than a highway site, it would be near the population center of Saratoga and the most convenient for the greatest number of people, and the site is in a natural setting. He indicated that the Prides Crossing Homeowners Association took that stand, and still wishes to see the library on that site. Therefore, they would hope this site will be - 6- reconsidered tonight, and if a decision cannot be made, they would hope the City Council would continue the hearing so they could have the opportunity to read the agreement and allow a better decision. Dave Golden, 19382 Brockton Lane, indicated he would like to represent the neighbors in his area. He commented that he helped to get the votes i n the Bond Issue, and they were told the site was going to be the creekside si~e on Cox Avenue, and tonight Mr:.Kraus and Mrs. Corr have suggested that most of the people are just~to consider one of the other sites. However, he stated, they feel ,th~V need consi'deration too. Mr. Golden indicated they would l'ike the Council to consider thi's site, mainly because there is difficulty in getting out. onto Saratoga Avenue,'~particularly at this Fruitvale Avenue intersection, and particularly at night time, and for the children, the site on Cox Avenue would be much,easier for them to get to with6ut having to cross Saratoga A~enue. Mr. Golden felt the Council should consider the Council should consider the site on Cox Avenue, as this is the site the voters,~"- Norm Martin, 12524 Miller Avenue, commented that he 3~ives ih-the a~ea in which petitions were being circulated since Sunday, and nobody came to his house to have him sign the petition, but they~did come to'his neighbor's house. Mr. Martin stated in his discussion with.his neighbors, he found that the people who were taking the petitions around were not'knowledgeable of what negotiations had been going on with the Cox Avenue and Saratoga Avenue site, so they could not answer the questions that were being asked them regarding the conditions being offered. Mr. Martin felt it would be a great service if the Council would make a statement tonight as to why negotiations were broken off, and what was the standing that the Council took at that time. Lisa Perdichizz~, 19804 Colby Court, addressed the Council. She advised the Council that she is from Hanson School and is representing the school, and there are 500 kids at this school, and the teachers recommend the QQito Library. She requested 'that the Quite Library be placed at the ~ex Avenue (creekside) site because this would be within walking distance of the school. She further indicated she has submitted a petiti on with approximately 51 names in favor of the Quite Library at this site. Joe Fanelli, 19999 Angus Court, addressed the Counci3 on behalf of Sacred Heart School. He commented that among three schools in that a~ea, they feel the Sacred Heart site would be good as it gives access to the three schools ~- St. Andrews, Redwood, and Sacred Heart --. and also, students at West Valley College have access to this location. Also, he commented'that the students wouldn't have to worry about going a long ways to go to the library. John Campbell, 13759'Saratoga Vista Avenue, addressed the Council on behalf of the Saratoga Library Commission. He indicated the Library Commission met this evening at 7~00, going over the new site. He further stated there is on file with the City Council a copy of a resolution that was passed on the 26th of November, and this reiterated the position of the Saratoga Library Commission concerning the Saratoga Avenue site. He advised that this' evening, a 1.ittle change was made to the resolution, and it was resolved by a 7 to 0 vote tha!t we continue ~ith the Sacred Heart site as the preferred site for the library, and the gore site is acceptable, but the Cox site is not acceptable and no further si.tes should be considered. Sally'Carlson, 12234 Brookglen Drive, commented that. she feels we have been through this so many times, and aside from the gore site which has been proposed as an alter- native, she does not understand why we are having another series of public hearings on the same issue. She didn't feel any new facts had come to light, and we knew the costs would be different on the sites that were considered a few weeks ago. She felt that unless the Council is going to consider the primary site, she sees absolutely no reason to continue public hearings and hear the same things said tonight that were said a few weeks ago. 'She felt that alt of the Council made their decision three weeks ago, and unless they are considering the primary site, she wou~d prefer to see the Council stick with the decision that was made. -7- Dan Lopez, 13581 Saratoga V~sta Avenue, indicatinghe was'here as-a~citizen representing himself and some of the sentiments of the people here this evening. He stated'that essentially. became here to address himself to what is on the agenda, and we-have had all the side issues come in. He further'stated~ he came in ~ood faith. Mr~ Lopez commented that he gets the feeling there is a hidden agenda, and he felt we shouldn't be'listening to that hidden agenda. Rather, he felt we should be dis- cussing the real agenda. Frank Perdichizzi again addressed the Council and commented ,~hat as previously stated, these hearings have'been held several times already going over the same issues. He commented that now that the 'City Council has voted to accept a site, the indicati6ns are that'pressure groups are now trying to push for a relocation of the library from that site, and some of the speakers tonight were not at any previous meetings -- now, all of a sudden, they are in favor'of the Saratoga Avenue site. Mr. Perdi'chizzi stated that he doesn't really see a reason for this public hearing tonight, and he doesn't believe the cost differential.is that much. He stated another difficulty. is the land~on Saratoga Avenue was originally slated for parks, and asked if there would have to be a change made to the General Plan or a z ming change made in order to convert this to a library site. Mayor Bridges explained that it has been ascertained that thils wouldn't be necessary, as the library use is compatible with parks. Mr. Perdichizzi stated, nevertheless, that this is causing additional delays which are increasing the costs of the library~nd if the library had been started a month ago when the decision was made, it probably would have co'st $100,000 less. He ~o~me~ted that he felt it is about time that somebody made up their minds. Shell~ Williams, 11951 Brookridge Drive, addressed the Council, spearing in favor of the "primary site" at Saratoga and Cox Avenues that w~s talked about initially in the Bond Election. He stated that that location along the Cox Avenue access of Saratoga seemed to be the best location for the library. ,He commented that the Village has had a library for many years, and the northern_Dart of town has.~not_had a library site, and: the residents in thiS~a~T~i]~r~t~T~o~atio~. ~e~ stated that the Cox Avenue access serves b~sical]~ ~h~ nor~th'ern~art 6f S~r~6ga','= ~ as well as a good two-thirds of the central part. 'As a private citizen, Mr. Williams indicated he favored the primary site close to'S~ara~gga, and Cox Avenue, and as a private citizen, he favors the secondary site,,'~. his-3~dgment,'of Cox Avenue and Saratoga-Sunnyvale Road. He indicated he feltsthe ~i'rd~site~is close to the City Hall complex, but as a taxpayer and private citizen, he is willing to pay the difference and pay the best site for their location, and he felt from an aesthetic point of view, the gore site or Sacred Heart ~site is a great'location. However, for the service to the people, the thirst in the commpni~v for library services is that of the northern part of the community.' ~herefore, he-recommended that the Council consider the sites closest to the Cox Av~n~e' access, rather than the. southern part. Bruce Y~ler, 12669 Mill er Avenue, commented that he is in favor of re-negotiations with Dr. Abrams on the Cox Avenue-Saratoga Avenue site. He commented-that the main population density is on the north side, and along the Sacred Heart site there is a lot of vacant land and no homes in this area, and'no ho~es along West Valley College. He indicated ~hat the site on Cox and Saratoga Avenues is surrounded by homes and in a high-density area. Therefore, he would suggest we put the library where the people are. Rudolph Kanne again addressed the Council and commented that there has been so much discussion of where the people are who vote. He indicated that he has made an analysis of the precinct returns on the Bond Issue, and he pointed out that he drew lines at Cox Avenue,'Saratgga-Sunnyvale Road all the way to Quito Road, and the region north of that had a plurality of that vote of 476; the region south of Cox, between Saratoga-Sunnyvale Road and Cox, had a plurality of 868; the western region had a plurality of 285; and the southern region 243. Therefore, the voting for the Bond Election was not as heavy in the north as some people have indicated. Mr. G. Carlson again addressed the COuncil and stated that he wouldn't quarrel ~ith the previous speaker's analysis of the vote, and he would have one thing to add, - 8- that an analysis of the site locations that are based on the census tractsin the city and looking at them on a reasonable serving area by other than automotive trans- portation, the site at Cox and SaratogaAvenue is clearly the most advantag~_s.;.~-~ the second most -,advantageous i.s Cox and Saratoga-Sunnyvale Road; and theelocation l near the City Hall complex runs a very poor third..He also pointed out th~ ' that within the City of Saratoga, 40 percent of this entire population:is under the age of 18, ahd don't vote, and these are' people'he feels are'very important to this cit~,~'~dd ~rs_s.'icertain thei'r primary~ residential area would be where the greatest population density is. Mr. Carlson further conmented that he believes some of the comments made with regard 'to traffic and: thinking of Fruitval e Avenue as the entrance to Saratoga, disturb him because it is o~e of those things where the people who live near the City Hall complex and near the Village area feel that ~here are other people that live in this town, and 'in fact, the majority of the people li~ve elsewhere. He ~om~ented that the thought of sending small chil~dren or middle-si,ze children down Saratoga Avenue to battle with West Valley traffic is not des.irable. He felt if the children are in another'location, then it would seem more reasonable to build a library in that location. Ruth Ross,12456 Newport C6urt, commenting that as are most of the audience here this evening, she is White Anglo-Saxon, and are probably very used to being in the majority, and just this evening, she realizes she is not in the majority, but in the minority of those present. She indicated she is on'-the north side of Cox and a mother of 5 students, as well as an exchange student, all under the age of 17. She indicated that these children cannot vote, but they certainly are using the library at Cox (Quito) right now, and she would hate to see th~se children have to use the bicycle and pedestrian routes up Saratoga Avenue With' this kind of traffic. Mrs. Ross further mentioned the fact that these'are public funds'that'taxpayers are paying for, and as public funds, they are for public use for those'utilizing the public services, and she felt we shoul9 not take into eonsidepation the fact that they are going to be so close serving~'~'o~l~:~6~fa~'~'~"~i~&te ~,~Ooq'~; 'a~a'nO~<~H~b~'T~ TM ~rs~ ~Ros~ fel~ the-large ~1~ poDulati~ '~ing"libra~ie~i~'dowfi'"fuFth~r'tOw~fd~H~ ho~N;F~h~h~"~ thef~'~F~ ~bre-~mpty ~t~rs~wi thout you ng 1 i brary usesI~_h_]~ ;_F~h~ F6; ~' ~? i n .the south end. Charles Huffagain addressed the Council asked if he understood correctly the statistics heard earlier that there were 4,200 votes ~n favor ofthe Bond Issue. He indicated that the Bond Issue passedby a plurality of one-half percent, or 20 votes. He stated that if the site had been proposed to be a~ Civic Center rather than the north side, there wouldn't be a Bond Issue to'worry about ri.ght now, and he wouldn't have walked in favor of Lit. He indicated that he and others on the north side were involved in the Bond Issue and worked hard. because they knew the Quito Library ' was going to be replaced by a library in the north side, and not at Civic Center. With regard to cost, Mr. Huff asked if we are talking abou~ the cost the City paid for the land, or are we talking about the current market value of the land. He further stated they were told by the Librar. y Bond Issue Committee that we would not expend City funds, but the library would be paid for out'of Bond Issue monies, and it would not be subsidized by the City; and it;wou3d~b~ paid for by current library taxes. Mr. Huff stated this is what the~toi~L~e peopl~\ He commented that as he sees it, if we attempt to use City land at aost, thi's c.i~y~is subsidizing the library in direct contradiction to what we told the voters, and the least that we should do is replace the land that we utilized with park land elsewhere. Mr. Huff commented that the Mayor said at one of the pubt~chearings: "The City was not given a license to build anywhere, but committed to.the majority of the citizens' likes and dislikes." He felt a small group of people here tonight does not constitute anything near a sampling ;of city of'14~O00 registered voters, theref. ore, he didn't feel a public heari'ng sQch as this With a few people here has as much bearing as, for example, their petition. Mr. Huff stated his final point was: The Council has an agreement which he under- stands is essentially the s~me as the agreement ~hich, ~heOouncil presented to Dr. Abrams; however, he has not see the other agreement. He felt it would be -9- reasonable if the Council would. pick the major point~ which it disagreed with in the agreement, and state its reasons why. Dorothy Skow, 13246 Via Ranchero Court, addressed the Council commenting that she also is one of those who circulated a petition to have the Bond Issue passed, and at present, she is representing herself, her family, and immediate neighbors. She c6mmented that she understood the meeting tonight was not'to discuss the primary site, which they considered a dead issue, but the City-owned sites,".and she didn't see why we have to ao' over PaSt history. Jim Isaak, 13655 Calle de~Cuba addressed the~"~d~indic~t~d~h~hTt~'~alked for the Li~r~y'~ond'~sTe,"'an~ 6~ ~'~in~ ~6~d a~a~n~i~'al~'~6~ right next doo~ to the Cox Avenue site .at McFarland Avenue, They still don't want it on McFarland Avenue as they feel it is too far awav for their children. He indicated that the ~ibrary ~ssue~d~tb~h~t~h~d'~('~:i site on the front of Saratoga Avenue, and th6 c~6~ Si:~ ~.s ~6~'~'~'~i~f~F(nt. He felt the three-week delay b~ween the Counci~l's last deci.sion and this meeting has brought a ~reat deal of insight and review ofthe issue by the citizens, and he believed most of th~ input present~ this evening points to the Saratoga Avenues sites. He fu~ther.co~ented that he felta decision .was imperative tonight if we want to get the monies from the bonds to start construction as soon as possible. A resident of 12881Corte de Arguello, addressed the Council and proposed that the City send a questionnaire to every home6wner in Saratoga before making any decision, and find out what their decision is with respect to the library. .Mary Moss, 20777 Pamela Way, indicated She would like to explain something about the cost of land, indicating that it is her understanding that the. land does not- pass from City ownership --~.b~ it ~s~ill City land, and the library bonds are handl~ by the City. ~ ~h_~ ~t~60d .... ~that for 20 years, the County library District would pay for the land a~' ~'bQi~ldin~ The City Manager responded to this, stating that it is the City's land, the City's building, and the Lease Agreement with the County is for the purpose of paying off those bonds(~T'~a~ts~h~=~'~ ~'~t would become a comDletel~ C~ty-o~ned facility. T6ereforef{'~r6~i~6"~change of land with the County. Mrs. Moss stated that she would l~ke.to'emphasize that several people who have spoken here tonight represent large groups of people, and they have had board action by their membership;.therefore, they have not been speaking as individuals, but as m~bers of larger organizations. She co~ented that they keep talking about the "p~ime location", and the "~rime location" was on Saratoga Avenue, not back on the creek, which is ~s'~a~T~6~~e~G~'~.~he"i.~'~.ff of Big Basin Way. Iherefore, she didn'('~e~i"t~'p~i~'ldt~i6~'6a'S'bee~ u~d~r consideration for a number of months. Mrs. Moss further cohented that no one has mentioned the additional traffic on Cox, and she has been across Cox Avenue when it was rather hectiC, and it is only half as wide as Saratoga Avenue. Dr. Abrams indicated it was his understandi.ng at the b~ginning of the discussion on this item, the Council indicated after e~eryone had had a chance to speak with re- spect to the topics on the agenda, there might be a~recess where people could. read the documents, and then the Council could look back again at negotiations and try to explain to people what had happened. Dr. Abrams advised that he was not involved in any way whatsoever in sel~tion of the site at Cox and Saratoga ~venues, and as far as he is concerned with respect to the property ownership, it makes no difference to him where the site is. He indicated is is not concerned with that issue. Dr. Abrams further commented that he keeps hearing stat~ents that disturb h~m, and he has watch~ the City ~.Council since 1962, and cannot rem~ber an. issue as important as this where people did..not have the full facts. He stated that he keeps hearing that site selected. in connection with the Bond Election was that on the Saratoga. Avenue frontage, and he hears other stat~ents which question whether or not that was really the case. - lO- He felt the question of whether this wa~ really the site'seleCtion at Saratoga Avenue, and if so, why was it not built there? Dr. Abrams stated that the process by which the City underwent~ to select a site would seem to some peopl e'i nvolved in land development a very strange process,',where a person interested in a parcel of land for his use advertises to the public that he is goilng to do this, makes the selection of the site without discussi'ng it or agreeing to anything with the owner, and then further goes ahead.and authorize~ himself to raise money for the purchase of that site and still has not talked to the owner. Dr. Abrams stated that he thinks in this respect, one has to answer.that this is'the only way that an open society can function, and the problems that it generates are worth'keeping things open to public input, and the law provides for a very simple manner in which the City may obtain the land that it needs. for public use -- that being eminent domain proceedings, and they finally go ahead and pay 'what is considered to be a fair market ~alue to the owner of that land, and a,Judge decides what is fair. He stated the question one has to ask is "Why did they not proceed with that?" The other question is "Why was this not done?"' Dr. Abrams indicated he will attempt to answer this question, that b~ing that the City hired an appraiser, and the appraisal presented to the Ci'ty must ha~e been considerably higher~than the budget permitted. Dr. Abrams asked i.f he could get .that figure at this. time. Mayor Bridges commented to Dr. Abrams that'he seems to~ be driving i n a directi on of presuming to~ have all of the facts of the appraisal laid out in public, and he would'remind Dr. Abrams that in hearing that piece of information', it should be remembered that'this is a large piece'of ground -- the appraisal was'made on a presumption that it would be utilized for a certain'type of use for which it is not now zoned and he is not paying taxes. He asked that the City Manager give the square-foot cost the original appraiser came up.with for land along Saratoga Avenue. Councilman Matteoni stated he would have some reservation to this since this was given in a negotiation situation when the Council was looking at Dr. Abrams' land and property along Saratoga Avenue which through negotiations moved the~'te ~'~re~k location,' and therefore, he felt this figure had to be put in t'~at te~.'-.~ In response to Dr. Abrams question as t6 why the City'did not pursue condemnation, Councilman Matteoni commented that alth6ugh there may not have been a wide difference of opinion between the property owner and the City, this might have ended in court, and there wou~d be costs to the Cit~ in terms of litigation, and no guarantee that the figure is going to come~i'~hi~t~'~'l~/~"b'u~dgeted ~igure. Therefore, the City was reluctant to get into ano{~f'~fead=whi~h i~ could not completely control, and decided to attempt to acquire this property through negotiations. Mayor Bridges stated'-~hat in'reference ~o Dr. Abrams' statement pertaining to past City Councils, it has been a rare occassion that a Saratqga City Council has utilized eminent domain in any of its acquisitions. The City Manager indicated he would like to comment, from his point of view,'on Dr. Abrams' comment rel evant'.to his being contacted-prior to the time the site was selected. He indicated that at the time the Council directed him to look for an ' alternate site in the Quito area, he lo6k'ed at a number of locations, and two of them were owned by Dr. Abrams'or organizations he is tied in with. He indicated that he sat down and discussed with Dr. Abrams one day not only the Cox-McFarland site, but also, the Cox-McFarland site on the other side of the road, and this was prior to the time the City Council made the decision to select that Site. He indicated that price was not.~cussed~'~T~'~ Dr. Abrams commented that~..~e"p~ocessthat.no'rmall~ ~ ~uaranteed a property owner when a municipality in open'6~'~lS~l~e~tS'~'%~¢6~6 6-~otect the city, is that of paying fair market value. His question still remained: "Why should the City not pay the fair market value?" and "Did the City have some idea what the fair market value was?" He indicated he felt this was the heart of the whole issue. The Mayor then asked the City Manager to report what the last appraisal was on the portion being discussed. -ll- Dr. Abrams stated he would like to ask for the first appraisal (on the frontage) as well as the second appraisal (on the back portion). The City Manager reported that the first appraisal which"he received was for the property on Saratoga Avenue, the frontage between McFarland and the property line of the Vineyards, was $400,000 for 3.352 acres~--~T-~6'~t~T~f- approximately 250 feet, and a depth of approximately 585 feet ...... ~ .... ~ Dr. Abrams commented that he feels a figure of $400,000 is significant. He then asked the date of this appraisal. The City Manager reported this is dated November 26, 1974. Dr. Abrams then commented that the City then knew.'~fore the Bo~d Election that they could not afford the Saratoga frontage. He t~h~d'what,~h~ figure was for the property along the creek. The City Manager commented that hE requested an alternate, going back from Saratoga Avenue and not taking up as much frontage, on the side closest to the Vineyards, and this came out at $327,000 for approximately 125 to 130 feet of frontage, and the same amount of acreage. Dr. Abrams commented that he would assume then, that the acreage of 3.35 was a contemplated library s~te, and the.costwas successive with respect to the library budget. The City Manager replied that at that time they did not know. Dr. Abrams commented that what he is leading to is that there were alternatives available, and the Council has the appraisal of the property along the creek and the date this was taken. Mr. Beyer reported that the appraisal on the ba~k portion was by telephone, and he recalls that it was $2.00 per square.foot, including improvements. This was June 4, 1975. Dr. Abrams asked how much land, could be'bought for $2.00 a square foot. Mr. Beyer replied this was approximately 109,000 square feet for $200,000, with improvements. Dr. Abrams stated that the reason ashe sees it why the City did not proceed with eminent domain are as follows: 1) That~it might be time consuming; 2) Everybody . knew that the City could acquire the site that it initially thought it would like for their price. They then felt they could find' some parcel of land on this entire site that could be acquired for the budgeted amount they had. But the question was still: "If the property~s~n~t~,~t~6~Ti.,1 .for-'~~reason, and he was not, then the City wou~l'~-have'to-go"t~emi=n~nt=ddmain~'prOceedi~gs, and even though there was an appraised value, the Judge might think that a fair ~alue would have been different. If the City had gone ahead and picked out a site, that par- ticular site may have turned out to create damages to the other parcel of land that would have to be included in this cost to the City." The City Manager indicated that he would like to clarify that at no time during these conversations has the Council considered going to eminent domain proceedings. Dr. Abrams stated that his attorney has told him that the City Could change its m~nd and at any time could institute proceedings. He stated that when the City found out it could not build a library on Saratoga Avenue frontage because of the cost, there was consideration of putting it somewhere else on the site. There- fore, he felt the problem either resolves itself in proceeding with eminent domain, or you find some other method of doing this, and he felt'the other method would be more reasonable.~ He stated if you can narrow' the differences between the property owner and the City so that the property owner's opinion can be taken into account, sooner or later you are likely to reach a point where the differences are so small that you can be comfortable with them, and this he felt was reasonable. -12- He stated that it puts a burden on the property owner more than the law requires to spend money and time to work with the City. Dr. Abrams stated that h~s minimum costs are $5,000, and they might turn out to be closer to $7,000. He stated it is just the process that we have in an open society willi.ng to pay people who own property a fair market value as established by. the Judge, and this took all~the time't~,dis=r cuss with respect to the site. Dr. Abrams stated that the~Ci:ty and the owner finally did agree~on the site, and the cost was'agreed to. He commented 'that he feels he deserves some kind of treatment'better than accusations fn this regard. Dr. Abrams commented that with respect to the legal negotiations, that by pre- ference of the City, these were left to~the end of the enti're process because of oonsiderations of cost, and the differences in his mind.are absolutely negotiable. Therefore, he stated that the main issues are very simple, and it is a question of how much the City is willing to take in compromisi.ng by moving the library site from Saratoga Avenue to the rear site, and what other'circumstances are impinging on this decision? It is the overall consideration: "Does the City want a site at that location under those legal frameworks that seem to be taking so long, then stepping away from the whole thing after all this discussion and saying 'Do we have an alternative?"ahd 'We would rather put it someplace where we have no neigbors, we have open field, we control our entire environment."' .Dr. Abrams stated he feels the Ci'ty has the right to make.the decision, but the facts of the nego- tiations should have been put out. Mayor Bridges commented that the agreement was a process that took a lot of time, and because of the Council's lack of desire to ao with eminent domain proceedings resulted in some delay, and at the time:the property owner and the Ci~v got down to serious negotiations, there were concess'ions made on both sides;however, some- thing always ~eemed to be just out of reach, and'he didn't feel this should be con- strued as critisism of the property owner. He stated that there'is still not an agreement before them which the majority of the Council would vote for. ~ouncilman Matteoni commented that he feel~ forced to recite some history on this, but would not want totake upthe time.unless it is agreeable With the Council as a whole. Councilman Kraus commented ~hatwe ar'~ not going to end up with an agreement any- way, and he didn't see any purpose for aoing through this, since the Council has been going through this for 12 months, ~nd Dr. Abrams~had e~ery chance he possible could to negotiate with the CounCil, and this did not take place. Mr. Kraus stated that we are here tonight to select one of two City-owned si~es, and he felt the Council should get on with this business. '~t was therefore, moved by Councilman Kraus and seconded by Councilman Brigham that the CoUncil discontinue discussion of the agreement. as presented by Dr. Abrams. The motion was carried. Barbara Campbell, Santa Clara County Librarian, addressed the Council 'and indicated she would like to read to the Council a copy of her memo to Mr. Campen, County Executive, to go along with the Library Commission's recommendation to the Board. Miss Campbell proceeded to.read this letter, datedNovember 25, 1975. This letter outlined many of the problems the Library Commission felt existed with the site on Cox Avenue and Saratoga-Sunnyval e Road. The letter further recommended that if either the Abrams property or the Sacred Heart site could possiblv be agreed upon for reconsideration, this delay be granted toaccomplish this; and'u~Qed the Board to request reconsideration of this matter by the City Council,of Saratoga and to work with the City in finding an alternative. Patricia Perdichizzi, 19804 Colby Court, commented that the library is very important to her, as well as to her children. She.commented that she knows Dr. Abrams, and feels he is appealing to the Council to listen to him before his'issue is "swept under the rug", and before this is done, she indicated she would like to hear the reasons why. Marjorie Mancusa of Edina Lane, commented that she finds. it incredible as a tax- payer to sit here wa~ting to hear answers why negotiationslhave been broken off, and the Council sits up there and votes to terminate discussion on the topic because people are here~to discuss other library sites. She further stated after they have had their fill of other library sites, let the people who elected all of the Council '13 - stay, and have the opportunity to find out, from going through this document, why negotiations were terminated, and why negotiations wilt not go on. Mayor Bridges advised that minutes of previous meetings may be reviewred for this information. Frank Perdichizzi again'addressed the Council and con~nented that earlierI~ '~ 1~CG~ht there was substantial. agreement between the City Council.and Dr. about this contract which he brought before the City Counci'l; and asked if the Council would tell him in which areas there were disagreements. Mayor Bridges commented that anyone with questions could call the Council members, and they would tell them which parts they objected to, as the Council has already voted not to discuss'this issue this evening. Maxine French of Vineyard Lane ~ommented that she feels 'the Councit ~embers are the elected representatives and are strong people who should not be pressured by various groups, but make the decision for the good of this city. It was then moved by Councilman Kraus and seconded by Councilman Brigham the pbblic hearing be closed. The motion was carried.' The public hearing was closed at 10:10 P.M. The Mayor then brought to the attention of the Council a letter received from Sharon McGilaway, President, Redwood School PTA, urging the Council to consider the.property on Saratoga Avenue in the vicinity of Sacred Heart Church for new library. He noted the following additional com~nunications relevant ~o the proposed library site: Mr. and Mrs. Baker M(Ginnis, favoring a site near Sacred Heart Chur, ch; John and Amy June Jorgensen, 13631Saratoga Ave. ,.uroing the Council to select "} ~ ~i~y-Qwned ~rCper~9 ~ ~atO'ga A~nu~ for~'~£hetic'~'~:~ional:~ :a~a' economic" reasons (Mayor read this letter into ~the record); . Additional responses from the Friends of the Saratoga Libraries questionnaire sent to Saratoga residents; . Mr. and Mrs. Virgil Campbell, P. O. BCx 145, supporting the library site in the vicinity of Sacred Heart Church and Fruitvale Avenue; . Petition from Charles E. Huff, 12725 Miller Avenue, supporting the Saratoga- Cox Avenue site; . Mr. R. E~ Kaufmann, 20700 Fourth Street, expressing thoughts on the various proposed 1 ibrary sites; . Dr. Isaac N. Abrams offering to give to the City fee title to Library Drive, subject to the condition that if City does not acquire the site by December 15th, offer would become revokedl . Nancy Finnigan, President, Brookview Homeowners Association,' expressing hope that the City Council will take action to retain the library in either the primary or second-choice location; . Mrs. Robert K. Louden, 21110 Sull.iv~n Way, suppor{ing'~he City-owned land on Saratoga Avenue for proposed library ~ite. The Council then individually expressed their views pertinent to selection of the library site. It was .then moved by,"Counc~jah Bringham' ~dT~ (ona~'~u ~9 'te was carried, 4 to 1 in favor, Councilman· Kraus in opposition. I I I. ADJOURNMENT It was moved by Councilman Brigham and 'seconaed by Councilwoman Corr the meeting be adjourned. The motion was carried; the meeting was adjourned at 10:40 P.M. ~ctfully ' ted, '~ ' - 14-