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HomeMy WebLinkAbout07-21-1965 City Council Minutes SARATOGA CITY COFNCIL SU[MY O? MINItiES TIME: Wednesday. Juiy 21, 1965 - 7:30 P. M. PLACE: SaratoEs City Council. Ch,~fnberss 13777 Fruitvale Ave.~ SaratoEs 'I~IPE: ReEular I OR~i~TION ~yor Gle~on called the ~eti~ to order at ?:30.P.M. A. ROU. ~LL ~esent: Council~n Cle~on~ ~ake~ Haran Absent: Council~n B~ D. E~ES It was ~ved by Co~cila ~a~e, seconded by Co~cilmn H~tmn and Minutes una~r~usly carried to waive the teadinE and appr~e the ~nutes of ~he July ?~ 1965 ~eti~ as ~itten. II B~N iMtD CONTACTS A. ~ESOLUTION NO. 276 - ~t.I,ING FOR BIDS ON ~E~ A~UE A~ ~0~ Res. 2~6 ~NT BONDS for Bids ~e Director of hblic Works reported that constt~ction has begun on on bonds - the ~elm A~nue Ares ~pr~e~nt project and ~at the cash pa~t ~eAn period has expired for ~nt of assessments and that approx~tely Avenue 2/3 of. the total assessment is n~ scheduled to be fh~ced by sale Assassent of bonds. It was ~ved by Co~ciln Hartas seconded by Co~ciln Drake and umni~usly carried to adopt ~soluti~ No. 276~ calli~ for bids on ~elm Avenue area ~r~e~nt bonds. PETITIONS ~ OI~II~CES a FOFd~. ~SOLUTIONS A. ~SOL~ION NO. 2?? - A~ORIZING E~C~ION OF I~EN~ FOR P~LIC Res. 2?? HIGIf~AY ON P~CEL OF S. P. ~I~0~ PROMR~ Indenture for S~P. Mr. Huff ~plained that the Southen P~ific Comply riaht-of-way mp R.R. ease~nt shows only a portion of the railroad riSht-of-way which ~11 be needed for S~ato~a Avenue improvement and the railroad c~pany therefore requests the City to accep~ an indenture for ~e bal~ce of the ease- ~nt. It w~ ~ved by C~v~iln ~ake, seconded by Co~ciln ~d un~!~usly c~ied to adopt Resolu~ion No. 277s authorizi~ ~ecution of indenture for public hiShway (S~atoSa Avenue) on parcel of Southen Pacific ~ilroad property. B. ODI~CE 15-H - CI~ C~-~MINIS~R aY ~d.15-H It w~ ~ed by Co~cilmn Dr&ks, seconded by Councilman H~tmn City A~. uniquely carried to adopt ~dinance ~-Hs establish~ the sala~ SalaU of the City Cler~Ad~nistntor, the ordi~ce havins been introduced at the l~t meti~ in accord~ce with the reco~udation of the ~naEement toM{tree of the City Council, C. MSOL~IONS ACCEP~NG DEDI~TIONS OF S~ETS (1) ~SOLUTION NO. 36-~71 Res.36-~71 ~. 3094 It was moved by Co~cilman H~tn, seconded by Councilmn Drake ~d unan~usly called to adopt Resolution No. 36-~71~ accepti~ the dedication of streets in ~act 309~, ~l~ds ~it No, 1~ and releasi~ the ~rove~nt bond posted for tract impr~m~nts, Res.3~?2 (2) MSOLUTION NO. 36-~72 - ~CT 1766 - ~PPY Vary ~IT ~1 ~, 1766 .(3) ~SOL~ION NO. 36-~73 - ~CT 1767 - ~PPY VAL~ ~IT ~2 ~s,3~63 ~, 1767 ~e Director of ~blic Works reported that these ~o resolutions do not include release of the ~pr~e~nt bond as these ~ tracts were bonded to the Co~ty prior to incorporation of the City and the bonds my no lo~er be in effect. ~e City Atto~y reviewed the history of these two tracts and the deficiencies in~lvi~ ribrap which prevented prio~ acceptance by the Co~ty or City ~d ~lained that these deficiencies ~e n~ wi~in the Jurisdiction of the Flood Contr{'o?{ Distric~ sn{t ff.t Is considered ty h~.s offtcQ that the should not release bonds that n~ to tile County° It was moved by Co~pcj. lmmt l)zake~ seesealed by COuncilman tlartn~ and carried to s.du~,~ ~e~olution No~ 3C~B~,72 &~.~l 36~B-73, acceptie~ dedi- catiOn of Stre~m In Trac~s 1766 and 1767o (4) RESOLUTION NO. 36-B-74 - TRACT 3454 Res. 36-5-74 Tr. 3454 It was moved by Councilman Hartman~ seconded by Councilman Drake and unenim,L~usly caviled to adopt Resolution No. 36-B~74~ accepting crier of dadieatio'~ in Tra~t 3454s Medical Village of Sa~atoga~ use 1s aa~l re~easlzg ~he improvement bend posted for tract improvement. IV SUBDIVISIONS AND BUILDING S!I~S A. SDR-583 - DR. ROBERT RICI~RDS SDR-583 Richard, In answer to a question from Councilman Drake, Plan~!ug Director St~nle~ Walke~ stated that the P!ann]ng Com~ission has taken the ~'iew that they will require underground utilities~ at least to the near- est pole, in all cases and that in this case the nesres~ pole is on Maude Avenue and that the applicant accepted all condit~ ns of tenta- tive approval at the Planning Cor~n{ssion level. It was reported by the Directcr of ~blic Works that all conditions of tentative apprc~-al have beeemit and it was moved-by Councilm_~n Drake~ seconded by Councilman Hartman and unanimously carried to adopt Resolution No. SDR-583-1~ approving one lot on Sobey Road as a building site for Dr. Robert. Richards. B. SDR-480 - SANTA CL~_RA COUNTY LIBRARY CO~ISSION The Director of Public Works displayed a map of a portion of the SDR-480 Qulto Shopping Center, adjacent to the Quite medical center, which is Santa Clara proposed as a site for the construction of s Quite Park branch of the County Sap,~a Clara County library system. [~. Huff explained that the con - Library ditions requiring dedication and improvement of Cox Avenue to provide Quite Branch for a 42' half street and for construction of storm drains in accord- ance with the Master Storm Drain Plan have been met through formation of the assessment districts for Saratoga-Cox Avenue improvement and $torm drain. Improvement plans, Mr. Huff continued~ have not been submitted and approved and a $5~000 bond has been posted to guarantee compliance with other conditions, said bond being determined from the estimate of the ~-~unt of work to be done based on the tentative map. It was recommended by F~. Huff that approval be granted subject to approval of the engineered improvement plans. ~e Council and Staff discussed policy for tentative and final site approval and the City Attorney advised that the S~bdivision Ordinance No. N5-5~ requires that approved ~mprovemont plans, when required~ must be filed with the City Clerk prior to City Council action on final approval and that, although the City may, in a vacuom~ agree to grant final approval at such time as all conditions have been met, the preferred procedure ~ould be to require that all conditions be met before taking any action. It was pointed out by Mr. Johnston that~ under the ordinances the City Council has no discretion but is rather a fact finding body at the time of final approval and that its function to find that either (1) conditions of tentative approval have been met, or (2) conditions of tentative approval have not been met. The Council agreed that ~here seems to be no reason why this site approval application should not be subject to the usual procedure and placed on the agenda at such ti~e as all conditions have been mat. Mr. Werner Stems Manager of the Quite Shopping Center, explained that he has been reluctant tO ,proceed with the expense of engineered improve- ment plans until he is assured that the City will approve the site and expressed satisfaction with the City Attorney's statement that an applicant is in a legally protected position inasmuch as the City Council mast grant final approval if the conditions of tentative approval are complied with within the time period specified by Ordinance NS-5. D~o Don Full.er~ A~si~t~nt Count;, Llbrarl..%n: stated that .the Cc~mty · Board of S-perv:ll,~o~s has ind~.ca~:ed its app~ai of this project ~d Quito although the fi~:~.l pl~s ~st be approved~ ~:li~ Board h~:~ indicated that ~ranch it w~ll app=o~,~ them ~.f condition~ of th~ ag~ee~nZ w~h th~ qnito Lib~y . Shopping Center ha,;e been ~t and that ~. Ste~n has asa~ed ~hem Site ~hat these condlt~o~ w~ll be ~yor Cle~on di~.ec~ed the ~tter put o~r to the next mee~f~ for action ~f the condi~fo~ of tentative a~proval have been ~a~or Gle~ao;~ ~hen road a ~et'~e=~ da/:ed July 9s 1965 from Saratoga Llbr~ Cc~ssfon Clm~.mn Chile8 ~ley~ ~:e~81'df~ the locetion of tim l~brar~ at the Qu~to site as contrasted gffi~ location at the Civic Center site, b~, ~ey objected to the place~nt of the library a~ the ~to location unless ~ Is to be a full rain br~ch, ~e ~yor repeated ~hat the C~ty Councf~ has no au~hoti~y to deny the 8ire fo~ ~br~ purposes ~f the Pln~ Co~ssion conditions have been mt and pointed out that this ~tter dates b~ck =o the bond t.gsue elec~:~on at ~fch the voters turned dg~ ~he posgibi~i.~y of a min branch library at ~e civic center, ~yor Gle~on~ statf~ the= the C~ty fs currently pa~n~ a 19,2~ libr~y t~ which represents ~c~s of $100~000 per years pointed cut tha~ the C~ty is under no obligation to continue with Co~ty lib'~ary semicos ~f the City C~ncfl feels ~hat the County fs not p~:o~.diD~ sen, ice8 cobnan=ate e~t of mo~y pa~.d by Clt~ t~paye=s ~d that the City will not enter such an 8~ree~nt unti~ it ~8 app~ that the people a~e receiv~n~ their ~ney~s worth fn eelices, C. ~CT 3~38 - KI~ONT UNIT #2 ~,3438 ~, Huff reported that no pto~ress has been ~de re~ardi~ the co~ Bond s~c=ion of a t;orary ~cess road over ~t 29 of ~act 3~38 l~lease that ~, Kirkorf~ has kept a bond for this p~ose fn effect for a for te~ora~ year beyond the tf~table es=ab~ished by the City Council and the access road Staff n~ recomends that the b~d be released, In ~swer to question fr~ Council~ ~e re~ardf~ an a~temate access to Azules Pla~ln~ Director galker stated fitat future developmnt ~1~ include the co~ect~on of ~a Gull gay ~o Cox Ave~e and De Avenue to the proposed Azule area school and eventually north to ~ospect, Cou~il~ ~e ~ptesse~ further rese~atio~ about re~fnquishi~ the bond for a te~orary access ~d Ma~r G~e~on stated that he did no= th~ it fair to hold the ~nd .~y !o~er fn vi~ of the fact that it was pos=ed through the ;ood ~races of ~rkori~ to sere property which was not h~s and that altho~h ~, Galeb has been contacted frequently re~ardf~ ~s mtter he has e~ressed no w~llf~ess ~o const~ct the access road, Co~cil- ~ Har~n ~ved to release the ~prov~ent bond posted by ~r~rf~ for a te~ora~ access road over ~t 29 of ~act 3438, Counc~lmn ~e seconded ~e motion which cuffed D, SD~139 - ~NCE OF P~CE LU~ CH~ SDR~39 ~i~e of ~e Director of ~blfc ~or~ ~l~d that the ~rove~nts for Peace Ch~ch ~ich the ~fnce of Peace Eu=her~ Ch~ch has posted a bond w~ Bond =eleue be c~p~eted by the Sarato~C~ Avenue usessmnt districts was therefore ~ved by Councfl~n ~ seconded by Cou~il~ H~Q and unan~usly c~ied to rele~e the ~r~e~nt bond, A. ~YOR . . Assessed ~yor Gle~on reported ~ha= the Controller'e office has issued =he Valua~ion - 19 65- 66 assessed valua~fon ~epor~ ~d =hat the to~al of all Saratoga 1965-66 rolls, exclusive o'fEspe~al lighting dis~ric~s, Is $55,387~940, an i~rease of $4,973,660. ~er ~he 196~65 ~Sessed rains=ion. B. (1) It was ~ved by Councilmen ~ake, seconded by Co~cfl~n ~rt- Bills mn and ~an~ously adopted to approve ~he d~sburs~n~s on the list dared July 21~ 1965 for..a ~otal ~ount of $20s~7~,26 ~d author- ize that wa~ants be dra~ in pa~n~, (2) Tad City Clerk's Financial report and the Treasurer's report Finance ' for the month of Jmle, 19~ were accepted a~d Councilman D~ake Reports pointed Out ~at a ~lestcne has been reached an indicated by the total. of all city fu~xds on deposit~ this being the first t~me that the ~ctal deposits have exceeded one =illion do~larso CouncilE~n Drake stated that he wished to take this opportunity to MnnP4~ement publicly acknowledge the fine ~nageu~nt which is being accorded the of City City~s funds. I~ noted tha~ ~ae Administrator is doing a magnificent Funds Job of utilizing the City's temporary funds to provide for maxj~um ~terest eajmings end that as a result the City currently receives in interes~ income almost as much as it realizes from community property ~axes, D. COUNCIL COMMIT'IL~ESAND COPR~IT~E REPORTS (1) The Council discussed a report ~om the Planning Commission, dated July 12, 19~S, reg.~/'ding tale proposed County~wide census. County- ~le Conmisslon reco~ended that the City participate in the proposed wide census on the basis that the City ~ay be required to have a census Census prior to 1970 in order to provide a bench mark for subsequent popu- lation estimates and that the info~ma~ion provided by the proposed County~wide census may be of considerable value in further planning, It was suggested by the Planning Commission that the City Administrato~ be authorized to negotiate the cost of participationwhich the County Planning Director has estimated at $3500. Mr, Huff indicated that ~'~e Hadley tentatively estimated the value to the City of subsidiary information to be gained by a County-wide consue at approximately half of the estimated $3500, After discussion, it was moved by Cotmcilman Drakes secondell by Councilmen Hartmen, and' unanimously carried to accept the report of the Planning Commission and authorize City [erticipation in the pro- posed County-wide census with the cost to be negotiated on a pro- portionate basis and with the understanding that the final cost of participation is subject to approval by the City Council. (2) TIle Planning Director outlined proposed Ordinance No. NS-5.9 Ordinance relative to site approval requirements and exceptions thereof NS~5.9 and reported that the Planning Commission has rec(m~ended adoption of this ordinance to clarify the existing regulations regarding major alterations to ~xtsting structures, With no objections [~yor Gler~xon directed the Ordinance introduced and referred to the Plsnnin~ Committee of the City Council for study and recommendation. ~e Mayor pointed out that the Ordinance is subject to reading and possible re-introduction when =he Planning Cor~ttee report is submitted. Water (3) Councilmen Hartmen reported that the Water Comm{ssionbas Comm{ssion continued to meet rather frequently and is currently studying South Bay A~ueduct water pricing control. D. DEPARTF~/NTHEADS AND OFFICERS (1) As directed by the City Council at the last meeting, the Planning Director submitted a report, dated July 2 l, 1965 Saratoga re~arding the Saratoga Tennis Club on Komina Avenue. Mr, Walker Tennis stated that the tennis c~ub has been in operation at this location Club - since before incorporation of the City and is a legal non-conforming Komiua Ave. use and that it consists of approximetely 50 member f~m~ies, The Club, Mr. Walker continued, lacks adequate off-street parking facilities an~ the staff recommends that the Club officers be con- tatted and requested to provide off-street parking on the unused area at the rear of the ~ennis courts, t/~e number of parking spaces to be determined on the basis of two spaces for each five member families, 14r. Thomes Garth, President of the Saratoga Tennis Club, stated that he has requested members t~I~'rk on the club side of the street and indicated that he wil~ negctlate with ~he school for an easement through the school property to provide access to the rear of the tennis courts. After discussion, M,~yor Glennon requested Fir. Carth to report back to the Cout~cil at: ttie nez4t meeting, if ~,ossible. and indicated '~hat the totter will be 1),~t back on the ageodd when ~. G~th has the possibilli~iu~'. suresteal. (2) ~e Director of Public Works requested authorization for the D. & N. Weber ~yor to execute an agreement with Donald and Nora Weber for ~reemnt acquisition of ri~ht-of-way on Chester Avenue at a purchase price for a/q of $900~.(]0o After brief discusslen~ it wj.s m~ed by Chester Ave~ ])~.nker s~co~%de;.~T by Cobeli.man Hart~,~. ~d ~An~usl~' c~ried to righ~of-way ~atho:~:~:~'~ the ~,~J~o~ to execute Ci~e ag~-cc~nt, subject ~e appr:~val by the City A~torncy. (1) ~SON SH~; - PROPOSED VILMGE P~KING DIS~ICT ~. M~on Sha~, Sar.~to~a ~eatre Building= requested the City Council to offic~all~ drop the maCter of a proposed perkinS district for the village area. ~. Sh~w stated that the village could ~son Shaw - not rec~er the esti~ted $740,000 cost of the proposed parki~ Vi~e distric~ ~d that he ha~ filed with the City the s!Enatu}~es of 32 Parki~ oppo~nts to the district. District F~. Sha~on Lightfoot, !4~20 Bi~ ~sin Hay, stated that mny persons have signed a petition fa~'orinE the proposed district and questioned the nouncliPs right to prohibit ~ircu].ation of a petition. ~% John Sillstrop. ~ss Wyant and ~'. ~onar~ T~M objected the proposed p~ki~ district on the basis of cost~ locatio~ of parki~ areas, possible ~zee loss ~d water problem. ~. Sillstr~ and ~. Shaw also objected on the grounds that the parki~ areas would contribute to juvenile delinquency. ~s Georgia Ryder stated that she had not been infomed of any par~i~ co~ttae meetings, had Seen no plans and questioned the est~ted $?40~000 cost Village ~. Sa Heznan~ez stated that he thouSht ~ze publicity should be ~ea wells give~ the parking district proposal ~d also reported that he has heard of a well with a defective c~er in the village area ~d that he lieyes there are other old wells which should be investjEsted. Mayor Gle~on pointed out to the opponents of the proposed parki~ district that the mtter is not subject to council jurisdic~ion at this t~e and that the Council has no autb rity to prohibit the Foponents from circulatins petitions. ~e Mayor assured those present that they will be notified if the mttez is presented to the Co~cil ~d that ~e nominations from ~. Sh~ will be held for consideration at such ti~ as the City Co~il my receive a reques~ for fo~tion of a parking district. ~e Cecil c~not, the ~yor repeated, t~e actio~ pzohihittns a proposal which has not been, sub~tted to it for consideration. B. O~ ~yo: 8lemon invited the audience to remin ~ter adjou~ent for coffee provided by ~e Good G~er~ent. ~e Mayor then ac~owledSed with pleas~e~ the presence of Pl~in~ Comissionez Crisp and the Good Government Group representatives. VIII It was ~ed By ~uncil~n Hartmn~ seconded by Co~cil~ Drake and ~usly carried to adjourn the ~etinE at 9:55 P. M. Respectfully subStrod. SA~ATOC~ CITY COlrNCIL SUMMARY OF MIN~EES TIME: Wednesdays July 21, 1965 - 7:30 P. M. PLACE: Saratoga City Council Ch-amberss 1377~ Fruitvale Ave.s Saratoga TYPE: Regular Meetin~ I ORGANIZATION Mayor Glennon called the meeting to order at 7:30 P. M. A. ROLL CALL Presslit: Council~nen Glennon~ DraJles Hartman Absent: Ccuncilman B,~ry, Tyler D. ~=NUTE. S It was moved by Councilmen Drakes seconded by Councilman Hart~e-~ and Minutes unanimously carried to waive the reading and approve the ~[nutes of the July 7~ 1965 macring as written. Ii BIDS ~%/~D CONTRACTS A.' RESOLUTION NO. 276 - CALLING FOR BIDS ON TIIELMA AVENUE AREA IMPROVE- ReS. 276 F~NT BONDS Calling for Bids The Director of Public Works reported that construction has begun on on bonds - the Tnelma Avenue Area improven~nt project and that the cash payment Thelma period has expired for payment of assessments and that approximtely Avenue 2/3 of the total assessment is now scheduled to be finnneed by sale Assessment of bonds. It was moved by Councilman Hartman~ seconded by Councilman Drake and ur~nimously carried to adopt Resolution No. 276s calling for bids on Thelma Avenue area improvement bonds. III PETITIONSs ORDII~NCES AND FOFuMAL RESOLUTIONS A. RESOLUTION NO. 277 - AUI~tORIZING E~XECUTION OF INDENTURE FOR PUBLIC Res. 277 HIGHWAY ON PARCEL. OF S. P. RAILROAD PROPERTY Indenture for S.P. Mr. Huff explained that the Southern Pacific Company right-of-way map R.R. easement shows only a portion of the railroad right-of-way wl~ich w~ll be needed for Saratoga Avenue improvement and the railroad company therefore requests the City to accept an indent~:re for' the balance of the ease- ment. It was moved by Councilman Drakes seconded by Councilman Hartmen and unan4raausly carried to adopt Resolution No. 277s authorizing execution of indenture for public highway (Saratoga Avenue) on parcel of Southern Pacific Hailroad property. B. ORDINANCE 15-H - CITY CLERK-ADMINISTRATOR SALARY Ord.15-H It was ~moved by Councilm-n Drakes seconded by Councilman Hartmen and City Adm. unan~_~-usly carried to adopt Ordinance 15-H~ establishtn~ tile salary Salary of the City Clerk-Adm~nist~,ator~ the ordinance having been introduced at the last meeting in accordance with the recomendation of the Management Cornre{tree of the City Council. C. RESOLUTIONS ACCEPTING DEDICATIONS OF STREETS (1) RESOLUTION NO. 36-B-71 Res.36-B-71 Tr. 3094 It was moved by Councilman }Iarf'm~ns seconded by Councilmen Drake and unan]anously carried to adopt Resolution No. 36-B-71s accepting the dedication of streets in Tract 3094~ Uplands Unit No. is and releasing the improvement bond posted for tract improvements. Res.36-B-72 (2) RESOLUTION NO. 36-B-72 - TRACT 1766 ~ ~APPy VALLEY UNIT ~1 Tr. 1766 (3) RESOLUTION NO. 36-B-73 - TRACT 1767 - ~APFY VALLEY UNIT ~2 Res .36-B-63 Tr. 1767 The D~rector of Public Works reported that these two resolutions do not iraelude release of the improvement bond as these two tracts were bonded to the County prior to incorporation of the City and the bonds may no longer be in effect. The City Attorney reviewed the history of these two tracts and the deficiencies involviu~ rip-rap which prevented prior acceptance by the County or City and explained that these deficiencies are nox~ within the jurisdiction of the Flood Controit District $~n~1 it is conei~erred |;y b.!s office tkat the shouXd not ~'clease bonds that run to the County° It was moved by Coup. cllman Frz~ke, seconded by Councilm~ IIa=t~ ~nd carried to a~lupZ Resolution No. 36~-B~.72 a~xd 36-~'73, acceptfag catfen of S~re~u in '~ac~s 1766 and 1767, (4) ~SOLUTION NO. 36-.~74 - MCT 3454 Re,. 36-~74 ~. 3454 It w~ roved by Counci~ Harts, seconded by ~unc!lman and ~animously carried to adopt Resolution No. 36-~-74~ accepting offer of dedicatiou in ~aut 3454~ M~dical Village of Saratoga, no. 1~ a~fl reieasix~ ~he ~provement bend posted for t~act improvemnt, IV S~DIVISIONS ~ BUILDING A. SDR-.583- DX. ROBERT RICILeS SDR-583 ~ch~du In ~swer to a question from Council~n ~'akes Pl~n~ng Director St~Ie.y Walke~ stated that the PleiDg Co~ission has t~en the ~iew that they will require underground utilities, at least ~o the near- est pole, in all cases and that in this case the nearest pole is ~ude Avenue and that the applicant accepted all condftb ns of tenta- tive approval at =he Placing Co~ssion level. It was reported by the Director of ~;blfc Works that all conditions of tentative approval have been ~t ~3a it was moved by Co'~ci].man D~e~ seceded by Co~uilmn Hart~ and ~an~ously carried to adopt Resolution No. SDR-583-1~ ap~ovi~ one lot on Sobey ~ad as a building site for ~, Robert Richard,, B. SDR~480 - ~ C~ CO[Y LIB~Y CO~ISSION ~e Director of ~blic Works displayed a ~p of a portion of the SDR-480 Quito Shopping Center, adjacent to the ~ito medical center, which ~nta Clara proposed as a site for the correction of ~ Quito Park branch of the County Sa~a Clara County library system, ~, Huff e~lained that the con - Library dittons requir~g dedication ~d ~pr~ement of Cox Avenue to provide Quito Broth for a 42~ half street and for construction of stom drains in accord- ~ce with the ~ster Store Drain Pi~ have been met through of the asses,men= districts for SaratogaCox Avenue ~r~nt and store drain. ~rove~nt plus, ~, Hnff continue~s have not been subStrod ~d approved and a $5,000 bond has been posted to guarantee compliance with other condition, said bond bein~ deterned from the esti~te of the ~unt of work to be done based on the t~tative ~p. It was reco~nded by Ft. Huff that appr~al be grated subject to approval of the engimeered impr~ement plans, ~e Council ~d Staff discussed policy for tentative ~d final site appr~al and the City Attorney advised that the S~d~vision Ordinance No. N~5, requires that appr~ed tmprove~mt ptans~ when required, m~ be filed with the City Clerk prior to City Council action on fill appr~al ~d that, although the City may, in a vacuum~ agree to grant final appr~al at such t~ as all conditions have been met, the preferred procedure ~ould be to require that all condi=i~ be met before t~i~ ~y action. It was pointed out by ~. Johnton that, ~der =he ordinal, the Gity Council has no discretion but is rather a fact finding body at the ~e of final approval and that its function is to find that either (~) conditions of tentati~ approval have been ~t, or (2) conditio~ of tentative approval have not been met. ~e Council agreed that there see~ to be no reason why this site approval application should not be ~ubject ~o the usual procedure ~d placed on the ~enda a= such t~e as all conditions have been ~t. ~. Weber Stern~ ~nager of the Quito Shopping Center, ex~lained that he has been reluct~t to proceed with the expense of e~ineered ~pr~ ment plans until he Is' assured that the City will approve the site and ~ressed satisfaction with the City Atto~ey~s statement that ~ applicant is in a legally protected posit~9m inas~ch ~ the City Co~cil ~st grit final approval if the conditions of tentative appl~al ~e co~lied .}~ith within the time p~riod specified by ~d~e NS-5. F~o Do~ Fullers A.~si.stant County Librari~n~ stated that the cc~mty Boa~d of S~.~perv:t.sors has indicat:ed its app~ovai of this p~oJcct and Quite although the f!x~.l plans must be approved~ ~he Board ban indicated that Branch it will appro%,a t}~em !f conditions of the ag~eemea~ with the Quite Library .chopping Center ha~e been met and that Mr. Stern has assured ~hem Site that these conditions will be Mayor Glennon directed the matter put over to the next meeting for action if the conditions of tentative approval have been met. }layer Glexxnon ttzen read a let~er~ dated Jul~ 9, 1965 from SararoSa Libra.fy C,~mmtsston Chairman Charles Ea~:ley~ ~egardtng the leaerich of ~he ltbra~ at the Quite site as contrasted with location at the Civic Center site. }~° Earley objected to the placement of the library at ~he Quite louat!on unless it is to be a full main branch. ~e MayGr repeated that the City Connctl has no authority to deny the site fo~ library purposes if the Planning Commission conditions have been met and pointed out that this matter dates back to the bond issue election a~ jetch the voters tuned down the possibility of a main branch library at the civic center. Mayor Glennon~ stating the City is currently paying a 19,2¢ library tax which represents excess of $100~000 per year, pointed out that the City is under no obligation to continue ~tth County library services if the City Council feels that the Cotmty is not p~ovt.ding services commensurate with the amount of money paid by City taxpayers and that the City wlll not enter such an agreement until it is apparent that the people are receiving t'het~ moneyss worth in se=vice~, C. TRACT 3438 - KIRKMONT tElIT ~2 Tr,3438 Mr, Huff reported that no progress has been made regarding the con- Bor~ structton of a temporary access road over Lot 29 of Tract 3438 and Release ]~hat Mr. Ktrkorian has kept a bond for this purpose in effect for a for temporary year beyond the timetable established by the City Council and the access road Staff new recommends that the bond be released. In answer to a question from Councilman Drake re~arding an alternate access to Azule, Planning Director Walker stated that future development will include the connection of Sea Gull Way to Cox Avenue and De Sanka Avenue to the proposed Azule area school and eventually north to Prospect. Councilman Drake expresse4 further reservations about relinquishing the bond for a temporary access end Mayor Glennon stated that he did not think it fair to held the bond any longer in view of the fact that it was posted through the good graces of Mr. Kirkoften to serve property ~htch was not his and that although Mr. Galeb has been contacted frequently regarding this matter he has expressed no willingness to construct the access road, Council- man Ha=~man moved to release the improvement bond posted by Mr, Kirkoften for a temporary access road over Lot 29 of Tract 3438, Councilman Drake seconded the motion which carried unanimously. D. SDR-139 - PENCE OF PFICE LUTHERAN CHURCH SDR- 139 Prince of The Director of Public Works e~plained that the improvements for Peace Church which the Prince of Peace Lutheran Church has posted a bond will Bond release be completed by the Saratoga-Cox Avenue assessment districts and it was therefore moved by Councilmmn Drake, seconded by Coun~ilman Hartman and unanimously carried to release the improvement bond, VI ADMINISTRATIVE MATTERS A. MAYOR Assessed Mayor Glennon reported that the Controller's office has issued the Valuation - 1965~66 assessed valuation report and that the total of all Saratoga .~965-66 rolls, exclusive of special lighting districtss is $55,387,940, or an increase of $4s9~3s660. over the 1964-65 assessed valuation, B. FINANCE (1) It was moved by Councilman Drake,-seconded by Councilman Hart- Bills man andanantmously adopted to approve ~he disbursements on the list dated July 21, 1965 for a total amount of $20s~77°26 and author- ire that warrants be drawn in payment. (2) The City Cle~kts Ftnaneia! report and the Tr. easurer's report Finance for the mea~;h 0£ Jtme, 19~5 w~re accepted o~d Cmmcilmuu Drake Reports pointed out that a n~lestone has l}eea ~each~d as indicated by the total of all cit~ funds on depos:Lt~ this being the first time that the total deposits have exceeded one n~llion dollars° CounciLman Drake stated that he ~r~ched to take thl~ opportunity to Hanagement publicly acknowledge the fine management which is being accorded the 0£ C~ty City~s funds. lie noted that the Ad~ntnis~rator is doing a magn'~ficent Funds Job o~ utilizing the C~ty"s tempora:cy funds to provide for ~o~lmum ~.nterest eanaings and that as a result the City c~rently receives in interest income almast as waeh as it realizes from co~unity p~operty taxes, D. COU~ICIL CCe41viITTE~SAND COI~4ITTI~E REPORTS (1) The Council discussed a report ~om the Planning Con~ission, dated July 12, 1965, regarding tl,e proposed County~wide census. County- The Commission ~occnnended that the City participate i~x the proposed wj.de census on the basis that the City may be required to have a census Census prior to 19~0 in order to provide a bench mark for subsequent popu- lation estimates and that the information provided by the proposed County~wide census may be of considerable value in further planning. It was suggested by the Planning Cov.~n{ssion that the City Administrator be authorized to negotiate the cost of participation which the County Planning Director has estimsted at $3500. l~r. Huff indicated that F~. Hanley tentatively estimated the value to the City of subsidia~y information to be gained by a County-wide ceasuo at approximately half of the estimated $3500. After discussion, it was moved by Cotmcilman Drake, seconded by Councilman Hartman, and unanimously carried to accept the report of the Planning Cornra~sston and authorize City ~articipatfon in the pro- posed County-wide census with the cost to be negotiated on a pro- portionate ~asis and with the understanding that the final cost of participation is subject to approval by the City Council. Ordinance (2) The Plaxming Director outlined proposed Ordinance No. NS-5o9 relative to site approval requir~nts and exceptions thereof NS-5.9 and reported that the Planning Connnission has recommended adoption of this ordinance to clarify the existing regulations regarding major alterations to existing structures. With no objection, Phyor Glermon directed the Ordinance introduced and referred to the Plsnning Co~r~:ttee of the City Council for study s.~d reco~nendation. The ~ayor pointed out that the Ordinance is subject to ~eading and possible re-introduction ~hen the Planning Co~r~fttee report is submitted. gater (3) Councilman Hartman reported that the gater Conmission b as Commission continued to meet rather frequently and is currently studying South Bay AQueduct water pricing control. D. DEPAR~I4ENTHEADS AND OFFICERS (1) As directed by the City Council at the last meeting, the Plarmtng Director submitted a report, dated July 2 I, 196~ Saratoga regarding the Saratoga Tennis Club on Komina Avenue. }tr. ~alker Tennis stated that the tennis club has been in operation at this location Club - since before incorporation of the City and is a legal non-conforming Komina Ave. use and ~that It consists of approximately 50 member ram/lies. The Club, ~ir. ~alker continued, lacks adequate off-street parking facilities and the staff recoumends that the Club officers be con- tooted and requested to provide off-street parking on the unused area at the rear of the ~ennfs courts~ the number of parking spaces to be determined on the basis of t~o spaces for each five member families. 14r. Thomas Carth, President of the Sanatoga Tennis Club, stated that he has requested members to l~rk on the club side of the street and indicated that he will negotiate with the school for an easement through the schoolproperty t~ provide access to the rear of the tennis courts, After discusston.~ Mayor Glennon requested M~, Garth to report back Co the Coutlcil ai: l~,he ~,e~t meetin~ if possible. ~d indicated '~hat the m=~er w:i.ll he I-~ back ou the agenda ~hen ~. G~th has ~he possibili~:ic~ aut;gested~ (2) ~e Di=ecto~ of Public Works requested authorization for the D. & N. Weber ~yor ~o execute an ~greement with Donald and Nora Weber for ~ree~n~ acquisition of ~:igh~of-w~y on Cheater Avenue at a purchase price ~ ,. Cam for a/q c~ $900~.0~)o After brief 'd~scussicn~ it wc~s m~ed by ,T ~ilu, an Cheater Ave. Draker sf~ce~detT by CobOl!man }tar~;.~ and ~'~.~inously ce'~ried righ~cf-way a,~thoid. z~ t:h,~ ~,I~Ly,747 to ~ecute the agrcc~ subjec~ ~) appr:~val ~y ~Im (::k~y A~torncy. (i) ~SON SH~_W - PROPOSED VIL~GE P~KING DIS~ICT ~, Mason Shm% Sara~og~ 'l~ea~re Building~ requested the City Co~c~l to officially d~op ~he ma~te~ of a proposod parking d~st~!c~ fo~ the v~llage area, ~, Sh~w sta~ed ~h~t the village could ~son Shaw - not ~ecover the estima~ed $740}000 cos~ Gf ~he proposed park~ Vi~e dts~ic~ m~d that he ha~ filed w~th t~ C~t~ the signatures of 32 P~k~ oppo~nts to the Z~, Shazmon Lightfoot~ 14420 B.~g Basin Way~ stated ~hat n~y persons h~ve signed a pc~i~ion favoring the proposed district and qu~stioned ~he Cour~l~s right to prch~b~t ci~cul.ation of a ~he proposed p~ki~ d~scric~ on the basis of cos~ ioca~ion of park~ a~eas~ possible tree loss ~d ~atar problems, ~. ' and ~, Sha~ also ob.~ected on ~he grouuds ~hat the park~ a~eas would contribu~e ~o ~uven~le delinquency, ~ Ceorg~a Ryder sta~ed ths~ she had not been ~nfo~ed of any parking co~,~ttee meet~Dgs~ had seed no pl~s and questioned the est~ted $740.000 cost figure, V~llage ~. Sm He~andez stated that he though~ ~re publicity should be ~ea wells given the parki~ distric= proposal ~d also reported that he has heard of a well with a defective cover ~n the village area and that he be- lieves there are other old wells which should be investigated. ~yor Gle~on pointed out to the opponents of ~he proposed parki~ district ~hat ~he ~tter Is no~ sub3ec~ to council 3ur~sdiction at th~s t~ and that the Council has no aut~ rity ~o prohibit the proponents from circularlug pe~itions. ~e Mayor assured those present tha~ they w~ll be notified if the ~tter is presented to the Co~cil ~d that ~e co~-nications from ~. Sh~ w~ll be held for co~idera~ton at such tt~ as the City Cotmcil my receive a reques~ for formtion of a parking distr~c~. ~e Co~c~l c~ot, the ~yor repeated. =~e action prohibit~ng a proposal which has not been sub~tted to it for consideration. B. O~ ~yor Gle~on inv~ed the audience ~o remin ~ter adjou~ent for coffee provided by ~he Good G~er~nt. ~e ~yor then achowledged wLth pleas~es ~he presence of Pl~Lng Commissioner Crisp and the C~d Gover~ent Group rep=esentatives, VIII ~JO~ It was ~ed by ~uncilman Hart~ .seConded by Co~cil~ Drake and ~n~ously carried to adjoin the ~eting at 9:55 P. M. Respectfully submitreds