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HomeMy WebLinkAbout11-03-1965 City Council Minutes SARATOGA CITY COUNCIL SUMmaRY OF MINDTES TIME: Wednesday, November 3, 1965 - 7:30 P. M. PLACE: Saratoga City Council Chambers, 13777 Frnitvaie Avenue, Saratoga, Calif. TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:30 P. M. A. ROLL CALL Present: Councilmen Glennon, Hartman, Tyler, Burry Absent: Councilman Drake B, Mayor Glennon welcomed the members of Miss McGovney's Saratoga High Civics School Civics Classes and advised them that background informat.ion on Classes the agenda items has been prepared for their information and ~hat they are invited to interrupt the proceedings to ask ~uest]ons regarding any items or procedures they do not understand. C. MINUTES It was moved by Councilman Burry, seconded by Councilman Tyler and Minutes unanimously carried to waive the reading and approve the minutes of the October 20, 1965 meeting, as written. II BIDS AND CONIT~CTS A. AGREEMENT WITH PRINCE OF PEACE LUTHERAN CHURCH FOR ACQUISITION OF COX AVENUE RIGHT-OF-WAY Agreement for r/w It was moved by Councilman Tyler, seconded by Councilman Burry and Cox Ave. carried unanimously to authorize the Mayor to execute an agreement with Prince,of Peace Lutheran Church for the acquisition of Cox Avenue right-of-way at the appraised cost of $1815.00. ~. B. AGREEMENT WITH GORDON L. AND MARY T. GILBERT FOR ACQUISITION OF SEA GULL WAY RIGHT-OF~WAY Agreement The Clerk reported that one of the two small pieces of property required Sea Gull fo~ improvement of Sea Gull Way had be~n appraised for $225. and that Way r/w the Staff recommends approval of the settlement cost of $250. It was moved by Councilman Hartman, seconded by Councilman Tyler and unanimously carried to authorize the Mayor to execute an agreement with Gordon L. and Mary T. Gilbert for acquisition of a small strip of their land on Sea Gull Way at the settlement cost of $250. Mr. Wade Hover asked if Item IV. I could be considered at this time as he must be present this evening at another meeting and he wished to represent Item IV.I his client, Saratoga Union School District, in this matter. Mayor Glennon Sara. advised Mr. Hover that the council is reluctant to change the order of School scheduled agenda items bU~ assured Mr. Hover that if he will be unable to District be present the Council will take no action at this meeting that would Jeopardize his client'a interest. Mr. Hover then asked if the Council would, when the item comes up for consideration, continue the matter until the meeting of November 17. III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE NS-3-ZC-30 Ord. Mr. Henley stated that this Ordinance rezoning preperty on Anza Drive NS-3-ZC-30 in accordance with the application No.~ C-91 for Clara M. Stemper had Clara M. been introduced, after public hearing, at the last meeting. It was Stemper moved by Councilman Burry, seconded by Councilman Tyler and unanimously carried to adopt Ordinance No. NS-3-ZC-30, subject to changing the cross- hatched section of Sectional District Map ZC-30 from "R-l-12,000" to "R-1-12,500". -1- SAPS,TOGA CITY COUNCIL MINUTES - NOVEMBER 3, 1965 At this point on the agenda Mayor Glennon introduced the members of the Staff and explained their respective duties to the students present. B. ORDINANCE NS-3~ZC~I6-A - C-55 ~ Carl Dozier Ord. The Clerk explained that this ordinance, as introduced at the last NS-3-ZC-16-A meeting, would extend the time limit by which the restaurant use Oozier must be constructed on the previously razened Saratoga Inn property to April 17, 1969. It was moved by Councilman Hartman, seconded by Councilman Burry and unanimously carried to adopt Ordinance NS-3-ZC~I6~A as presented. C. ORDINANCE NO. 38.8 Mr. Henley reported that the original draft of tim is proposed ordinance for business licensing and registration was introduced at the last Ord. meeting and that subsequently the City Attorney has made several 38.8 revisions for purposes of clarification and recommends that these Business changes are sufficient to require re-introduction of the revised Licensing ordinance. The two basic purposes of this proposed ordinance, Mr. Henley explained, are (1) to provide for one time licensing of new businesses physically located within the City and to assure that the business uses conform to the City's zoning and building codes and (2) to provide for the licensing and regulation Of soli- citors and peddlers within the City limits. The Clerk briefly out- lined the revisions which were made by the City Attorney and, with no objection, Mayor Glennon directed the ordinance introduced. D. RESOLUTION NO. 36-B-76 Res. 36-B~76 It was moved by Councilman Tyler, seconded ~y Councilman Burry and Tr. 3082 unanimously carried to adopt Resolution No. 36-B-76, accepting the dedication of streets in Tract 3082, Saratoga Ranch ~2 and releasing the improvement bond posted in connection with tract development. E. RESOLUTION NO. 36-B-77 Res. 36-B-77 Councilman Hartman moved, seconded by Councilman Burry to adopt Tr.3392 Resolution No. 36-B-77, accepting the dedic~ ion of streets in Tract 3392, Sarahills Unit ~I, and releasing the bond posted therefor; motion carried unanimously. F. RESOLUTION NO. 36-B-78 Res. 36-B~78 It was moved by Councilman Hartman, seconded by Councilman Burry and Tract carried unanimously to adopt Resolution No. 36-B-78, accepting the 3439 dedication of streets in Tract 3439, Sarahills Unit ~2 and releasing the improvement bond. G. RESOLUTION NO. 36-B-79 Res. 36-B-79 Motion was made by Councilman Burry, seconded by Councilman Tyler Tr, 3617 and unanimously carried to adopt Resolution No. 36-B-79, accepting the dedication of streets in Tract 3617 and releasing the improvement bond. RESOLUTION NO. 283-C Res. 283-C Mr. Henley explained that this resolution is required to create the Creating City Quite Lighting District to continue service to that portion Quite of the long existing Quite Lighting District which lies within the Lighting City limits. The County, on October 26, 1965, Mr. Henley continued~ District dissolved those portions of special lighting districts lying within incorporated areas and included the portions outside city bouudaries within a single lighting district and this action is necessary on the part of the City of Saratoga to continue service to that portion which lies within Saratoga. It was moved by Councilman Burry, seconded by Councilman Tyler, and unanimously carried to adopt Resolution 283~-C, creating the Quito Lighting District. Mr. Hanley noted that this will be the third such district within the City of Saratoga~ the other two being the Saratoga Lighting District and the Azule Lighting District. -2- SARATOGA CITY COUNCIL MINUTES - NOVEP~ER 3, 1965 IV SUBDIVISIONS, BUILDING SITES A~ND ZONING REQUESTS A. SD-542 - TRACT 3942 o HARVEY GREEN SD-542 ~. Hanley stated that all condition~ for final maF approval of a Tr. 3942 13 lot subdivision on Verde Vista Lane have been met with the Harvey exception of acquisition of a storm drainage easement and a sanitary Green sewerage easement and that the City Attorney~ at the meeting of October 20, 1965 was authorized to acquire the easements by condeL~ nation if necessary. After brief discussion, during which it was pointed out that street improvements will include the Mooney property fren~age~ it was moved by Councilman Tyler, seconded by Councilman Burry and unanimously carried to adopt Resolution No. SD-542-1, approving the final map for Tract 3942, Joanie's Villa. B. SDR-583 - ROBERT B. RICHARDS Councilman Hartman reported that, after viewing the site in the field it was the conclusion of the Planning Committee that no clear justi- SDR-583 ficatton exists for the deletion of the requirement for undergrounding Richards the service drop to Mr. Richards building site on Sobey Road. The request Committee recommends, Mr. Hartman continued, that the request for for deletion of the requirement be denied since it is the policy objective deletion of the City to w6rk toward the ultimate of a complete underground of under- dtilities system and only the most unusual circumstances should ground justify departure from the underground policy. Councilman Tyler utilities asked if this were the last undeveloped lot in the vicihity and was advised that there is still undeveloped land in the area, and that undergroundingthe utilities would add to the view from adjacent properties. In this case, the Committee felt, departure from the policy is not justified on the basis of topography. Mr. Richards, I2990. Regan Lane, stated that although he is in complete agreement with the objectives of the underground utility policy, he feels.that it should not be applied in his case. Mr. Rlchards noted that part of the expense of undergrounding stems fr6m the Pacific Gas and Electric Company's policy of furnishing the wire for overhead utilities but not for underground that that.in his; case the' power pol~.is 300' from So~ey Road. Mr. Richards then stated. that he w~uld be willing to pay the additional cOAt involved at this time if he could be assu~ed that in So doing he fits into an overall plan for undergrounding utilities within a specified time period. Mayor Glennon advised Mr. Richards that it is not, at this time, possible to set up a definite time schedule but that studies are being conducted to gather the data necessary to the formation of such a plan. Councilman Hartman stated that he felt Mr. Richards point regarding the furnishing of wire by P. G. & E. only for overhead utilities should be investigated in an effort to obtaining cooperative efforts to aid the eventual undergrounding of utilities. It was moved by Councilman Hartman, seconded by Councilman Burry and unanimously carried to deny Mr. Richards appeal and uphold the conditions of the Planning Commission. Mayor Glennon called a recess at 8:55 P. I.l., noting that the Civics classes are scheduled to leave the meeting at 9:00 P. M. Reconvened: 9:20 P. M. C. SDR-566 - HELMUT WANKA SDR-566 Wanka Councilman Hartman reported that the Planning Committee had investi- underground gated Mr. Wanka's request for deletion of the requirement for under- utilities ground utilities for his building site on Madtone Hill Road and deletion that, after on site inspection, makes the same reconm~ndation, and request on the same basis, as that outlined above relative to Mr. Richards request. -3- SARATOGA CITY COUNCIL MINUTES - NOVEMBER 3, 1965 Mr. Wanka, 334 Pine View Drive, Santa Clara, asked if he might post a bond until such time as an overall undergrounding of utilities program is in effect and Mayor Glennon stated that such a bond would be impracticable inasmuch as Mro Wanka would be required, if and when such a program is in effect, to participate whether a bond were posted or not. CounCilman Hartman repeated the recommendations and findings of the Planning Committee regarding this site, and it was moved by Councilman Hartman, seconded by Councilman Burry and unanimously carried to deny Mr. Wanka's request and require the underground utilities as imposed by the Planning Conmmission. D. C~80 - CLARENCE W. NEALE C-80 The Clerk explained that Mr. Neale's property on Saratoga-Sunnyvale Clarence Road was conditionally rezoned C-C with limited uses permitted Neale under the rezoning and that upon the application of Mr..Neale Additional the Planning Commission and its Subdivision Committee considered Conditional other uses than those permitted and subsequently recommended that Uses & five additional permitted uses be allowed for the property. Mr. time Henley pointed out that, if approved, Ordinance NS-3-ZC-25-B, would extension amend the original reclassification to add these uses and to extend the time limit for the uses to be constructed on the property. Councilman Tyler stated that he did not feel that the proposed additional uses would detract from the area any more than the original approved antique and art shop use and he therefore was in favor of the adoption of the ordinance. Councilman Hartman stated that his original approval of the rezoning was based on the circumstances of Mr. Neale's application and that the use was to be confined to antique and art shop. Councilman Hartman stressed that the objective of the Council should be to insure the best zoning in the area for the overall development and that he questioned the extent to which the Council should be concerned about Mr. Neale's financial problem~ Mayor Glennon indicated that it was his. recollection that he had originally favored therezoning because Mr. Neale was in a position where the widening of Highway 9 was pu~ting him out of business and that it was Mr. Neale's intent to salvage what be could of the old barn, move it across the creek and conduct an antique and art shop business and 'that the rezoning was never considered in the light of any other possible uses. Mayor Glennon then suggested that in the interest of expediting the matter, the ordinance be introduced end in the meantime the Staff be requested to outline the past and current status of this property so the Council may be in a better position to take action at its next meeting. With Council approval, Mayor Glennon directed Ordinance NS-3-ZC-25-B introduced. E. SDR-599 - DAVID R. FRAN~<LIN With no objection, Mayor Glennon referred a request from Mr. David SDR-599 R. Franklin for deletion of requirement for underground utilities for Franklin two building sites on Hume Drive to the Planning Committee for study Underground and discussion with Mr. Franklin. At the same time, the Mayor utilities suggested the Cormnittee document the premise of its recommendations deletion as much as possible. F. Dura Style Homes, Incorporated Dura }~. Henley stated that applicants who wish to move houses are Style required, by ordinance, to post a $5,000 bond end that Dura Style Homes Homes has satisfactorily completed moving a house and it is there- Bond fore recommended that the bond be released. It was moved by Council- Release .man Burry, seconded by Councilman Tyler and unanimously carried to authorize release of the bond for Dura Style Homes. SARATOGA CITY COUNCIL MINUTES ~ NOVEMBER 3, 1965 G. Fairley Constructors It was moved by Councilman Hartman, seconded by Councilman Burry and Fairley unanimously carried to authorize release of the Encroachment Permit Constructors bond posted by Fairley Constructors, as reconm~ended by the Director Bond Release of Public Works. H. TRACT 4091 - ROBERT PLANE SDR-565 Tr. 4091 Request for deletion of requirement for construction of curbs and Plane gutters in seven lot subdivision on Douglas Lane. curbs & gutters ~,~. Plane appealed to the Council to waive the requirement that curbs and gutters be installed in connection with SDR-565 and also requested deletion ~c. modification of the extensive storm drain facilities required for his property. After discussion, Mayor Glennon, with no objection, referred this item to the Planning Committee and Director of Public Works and, at Mr. Plane's request, deferred action until the meeting of December 1, 1965. I. SARATOGA UNION SCHOOL DISTRICT Request re acceptance of improvements in Arroyo de Saratoga Saratoga subdivision Union School b~. Henley reported that there is a dispute between the developer District - of Arroyo de Saratoga subdivision and the Saratoga Union School Arroyo de District regarding improvements which the School District alleges Saratoga the developer was to have made and Mr. Wade Hover, attorney for dispute the School District~ has asked that the City withhold acceptance of the improvements until such time as the dispute has been settled. Mr. Hanley stated that Mr. Hover alleges that the developer mis- represented the facts regarding his inability to obtain title to the entire street. The Director of Public Works indicated that the maintenance period will be ended November 18 and that, assuming there are no deficiencies, a request fnr street acceptance would normally be made at the first council meeting thereafter. Mayor Glennon ~ted that the item was discussed ~d the Cit~ Attorney requested to advise the Council of its position regarding this matter by the December 1 meeting. Tr.3483 J. TRACT 3483 - It was moved by Councilmen Burry, seconded by Councilman Monument Tyler and unanimously carried to release the monument bond posted Bond by the developer of Tract 3483. K. SD-564 - TRACT 4062 SD-564 Councilman Hartman reported that both the Planning Committee and Tr.4062 the Subdivision Comtttee studied the request from Leonard Road Cirigliano residents that curbs and gutters not be required in Mr. Sam curbs and Cirigliano's subdivision on Leonard Road. The Committees agreed, gutters Councilman Hartman continued, that rolled curb and gutter should be required in lieu of the vertical type originally specified and the Planning Commission so recommends. It was moved by Councilman Hartman, seconded by Councilman Burry and unanimously carried to deny the request for deletion of curbs and gutters but to modify the con- dition to allow the use of rolled, instead of verticals curbs and gutters as set forth in the Planning Comission report regarding this matter. L. TRACT 2577 - BRAVaDO,lINE ACRES Tract 2577 It was moved by Councilman Hartman, seconded by Councilman Tyler and Brandywine unanimously carried to accept the improvements in Tract 2577, Brandywine Acres Acres, for construction, with one year maintenance period to begin Improvement as of this date. Mayor Glennon directed the record to show that Acceptance Councilman Burry was not present during discussion or action regarding this agenda item. SAP, ATOGA CITY COUNCIL MINUT~ NOVEMBER 3, 1965 Mr. Charles Murphy, owner Of Saratoga T-V, stated that the audience has difficulty hearing the Council and Staff and offered to install a sound system at a cost of under $100. He was thanked for his offer and told that it would be considered. V PUBLIC HEARINGS - 9:20 P. M. A. C-83 - I-L~MILTON DEVELOPFRNT CORPORATION Mr. Hanley outlined the history of this application to fezone approximately 80 acres of land from R-1-40,000 to R-1-40,000-P-C and explained that, as approved by the City Council, Lackey and C-83 Associates had been retained to analyze the property and reco~nend Hamilton a site development plan. The developer's engineers than submitted Development a new plan which reflected the Planning Consultant's recommendations Corporation and the Planning Commission felt that this plan represented the type of development they would like to encourage in the hill side areas. The Planning Commission therefore recommends that the property be nonditionally rezoned to R-1-40~000-P-C. With no objection, Mayor Glennon opened thepublic hearing at 9:26 P.M. directed the Planning Commission file No. C-83, introduced as evidence and asked if any one present wished to speak regarding this matter. There being no one from the audience who spoke with respect to this item, the Clerk read the Planning Commission report and rec- commendation and reported that one written communication had been received. Mr. Hanley then read the letter x~hich was a protest to the proposed rezoning from Mr. Robert Walker, 13405 Surry Lane. 14r. Hanley noted that the ordinance includes basic conditions requiring development of the entire site in ~ccordance with the approved site development plan and that failure to conform to these conditions would cause the zoning to expire. After discussion of the provisions for maintenance of the cor~non areas, it was moved by Councilmen Hartman, seconded by Councilman Tyler, and unanimously carried to close the public hearing at 9:35 P. M. Mayor Glennon, with no objection, directed the record to indicate that Ordinance NS-3-ZC-31 Was introduced. VI OLD BUSINESS A. CUPERTINO SANITARY DISTRICT Councilman Tyler reported that the Policy Committee, as directed at the last meeting, met with representatives of the Cupertino Sanitary District and a number of property owners to discuss and analyze Cupertino the District's request far consent of the City to the formation of Sanitary an assessment district for the installation of a sanitary sewer District line and appurtenances in a 235 acre area lying generally west of request Calabazas creek and Pierce Road between the Southern Pacific rail- to form road on the north and Sarahills Drive on the south. The proposed assessment district also includes two developed but unsewered pockets of land District east of the creek, one the Foothill Lane area and the other on Wardell Road and Court. Councilmen Tyler read the Committee's report which outlined the principal factors involved in this particular proposal and concluded with the opinion that the overall, long-run good, both of the area involved and the community at large, supports a decision to consent to the formation of the district coupled with a statement to the District Board of the Council~s concern with the equity of the final decisions as to district boundaries and assessment spread. The Coumnittee specifically recommended that the City Council adopt the resolution of consent and forward it to the District with a written expression of the City's concern (1) that full and detailed engineering data be available to the Board at the time of public hearing as a basis for equitable determination of boundaries and degrees of benefit and (2) That, to the extent permissible in law and equity, the Board exclude those properties whose owners do not want to be included at this time; and (3) That the already developed areas on Foothill Lane and Wardell Road be particularly considered for exclusion if the majority of those property owners are opposed inasmuch as the facilities proposed in those two areas are not integral parts :>f the basic trunk line. SARATOGA CITY COUNCIL MINUTES - NOVEMBER 3, 1965 Mr. Moore~ 20865 Wardell Road, 6bjected to the inclusion of approximately 18 acres which he owns within the proposed district, stating that he does not think it equitable to assess owners of large parcels who do not plan to develop their lands for the benefit of subdivisions in the area. Judge Marshall Hall, commended the Policy Committee for its thoroughness and careful efforts to arrive at a just reconmendation. Judge Hall stated however that, whereas the Committee indicated its faith in the Sanitary District's acceding, as far as legally possible, to the wishes of the City, he felt that the District has already pro-judged the matter and that unless the District agrees at this time to re-draw the boundaries to exclude protest areas he does not believe the District will make any effort to exclude these parcels at the time of public hearing. Cupertino Sanitary Mr. Jack Fleming, engineer for the Sanitary District, stated that District although areas may be excluded and boundaries redfawn if evidence Request is presented to the Board at the time of public hearing that a for property does not benefit, it would be improper to deliberately Assessment redosign boundaries toinclude only those areas whose owners wish District be be included in the District. Mr. Fleming indicated that the formation distance away from theline and the type.of terrain will be taken into consideration at the time when the assessment is spread for cost. It is possible in some cases, b~. Fleming continued, to either reduce an assessment or, in the case of property with no availability to the sewer, to levy no assessment. George Bonney, 12750 Carniel, stated that he does not feel that the Committee's recommended directive will h~ve any effect on the District and that the District has legislative authority to change the boundaries and final discretion regarding the spread of assessment. Councilman Hartman stated that he felt the Council should not rely upon the district to follow its wishes but should assume the responsibility now of refusing consent because of the extent of the doubt existing in this matter. Councilman Tyler stated that he did not think the area of doubt is any more extensive than would be evidenced at this stage of the proceedings in any assessment district procedure and that he has faith that the District will do everything possible to satisfy the wishes of the Council and he therefore moved that the Policy Conmittee report be accepted and the resolution of consent to the formation of the district approved. Mayor Glennon noted that the entire governmental structure relies on the premise that all govern- mental bodies have to be accepted in good faith and that although the Council has the power to withhold consent he was inclined to think it does not have the moral right to do so. Mayor Glennon seconded Councilman Tyler's motion and the question was tied on the aye votes of Councilmen Tyler and Glennon and the no votes of Council- men Hartman and Burry. Mayor Glennon asked the Assistant City Attorney to advise the Staff and Council as to whether or not the tied vote denies the request or continues it. If the Attorney advises that it continues the matter will be put on the agenda of the next meeting. VII ADMINISTP~TIVEMATTERS A. MAYOR Chamber Mayor Glennon reported that he had addressed the Chamber of of Commerce Commerce at its annual meeting last week and that he had spent con- Annual Mtg. sidetable time pointing out the purposes and effects of the proposed business license ordinance. SARATOGA CITY COUNCIL MINUTES - NOVEMBER 3, 1965 B. FINANCE (i) It was moved by Councilman Tyler, seconded by Councilman Hartman Bills and unanimously carried to approve the disbursements on the list dated November 3, 1965 and authorize that warrants be drawn in payment of the bills which total $111,969.95. Budget (2) The first quarter budget report was submitted by the City Clerk. Report C. COUNCIL CO~4ITTEES (I) Councilman Burry reported that the Public Welfare Committee had Saratoga reviewed the plans and speclficati6ns as well as the physical Avenue circumstances in the field concerning the question of extending Drainage the storm drainage line from Saratoga Avenue across the Seagraves Change property opposite Ranfre Lane to Saratoga Creek and that in Order view of the fact that this is a key link in the master storm drainage plan for this area and in the light of potential damages that may result from increased storm water run off from Saratoga Avenue if this link is not eompleted~ the Committee reconunends that constructinn of this line be authorized as a change order to the Saratoga Avenue contract subject to obtaining a dedication of the necessary easement. The estimated cost is $10,500 and it is recommended that the charge be authorized against the storm drainage fee fund. It was moved by Councilman Burry, seconded by Councilman Hartman and unanimously carried to adopt the recommendation and authorize the expenditure as outlined. Enabling (2) Councilman Burry reported that the Public Welfare Committee C.A,T.V. reviewed the possible benefits and problems of Community Franchise Antenna Television service and the legal aspects of franchtsing Ordinance such operations and that it was the conclusion of the Committee that there are sufficient potential benefits to some television viewers within'Saratoga to justify the drafting of an enabling C.A.T.V. Franchise ordinance by the City Attorney. Mr. Murphy objected to granting a franchise for C.A.T.V. that would result in unfair competition for local TV dealers and repairmen. Playor Glennon indicated that the Council is not at this time considering granting franchises but is simply con- sidering the enactment of enabling legislation so it could grant such franchises at some future date. It was moved by Councilman Burry~ seconded by Councilman Hartman and unanimously carried to direct the City Attorney to prepare an enabling C.A.T.V. Franchise ordinance as recommended by the Public Welfare Committee. D. DEPARTMENT HEADS AID OFFICERS SDR-483 (1) The Director of Public Works reported that monuments have been SDR-397 checked and found to be satisfactory and he therefore recommends SDR-483 release of the bonds for SDR-397, John P. Maltby; SDR-483, , Monument Bonds Finis E. Wilkinson; and SDR-588, Dale Wickhamo It was moved by Councilman Tyler, seconded by Councilman Burry and carried unanimously to release the monument bonds as recommended. Res. MV-6 (2) It was moved by Councilman Burry, seconded by Councilman Hartman Stop int. and unanimously carried to adopt Resolution No. MV-6, establishing Saratoga stop intersection at Saratoga Vista Avenue and Saratoga Vista Vista Court. (3) The Director of Public Works reported that access has been provided for one of the lots in the Medical Village of Saratoga and the easeme~ which ~as previously used is no longer -8- SARATOGA CITY COUNCIL MINUTES - NOVEMBER 3, 1965 necessary and he recommends abandonment of the easement as the utilities involved have indicated that thay have no objection to the abandonment. It was moved by Councilman Hartman, seconded by Councilman Burry and upanimously carried to adopt Resolution No. SDX-3454, abandoning utility easement in portion of Lot 6, Tract 3454. (4) Mr. Huff reported that three responses bad been received Roller pursuant to advertising for bids for a new roller; Edward R. Bids Bacon Co. submitted no bid, International Harvester bid $4393.00 for a Gallon Roller and Bay Cities Equipment bid $7062. for a Buffalo-Springfield. Councilman Hartman moved, seconded by Councilman Tyler, to authorize the purchase of the Galion roller from International Harvester at a cost of $4393.00 as recommended by the Director of Public Works. Amendment (5) The Director of Public Works reported that the City Attorney to Sub, has prepared an amendment to the Subdivision ordinance regarding Ordinance requirements of dual access because of terrain, etc. and with re dual no objection, Mayor Glennon referred the proposed amendment access to the Planning Committee for study and recommendation. (6) The Planning Director reported that a request has been SDR-534 received from Donald R. McCormick relative to deletion of McCormick requirement for curbs and gutters for SDR-534 ~n Curbs a~d Lane"and with no objection, Mayor Glennon referred the item Gutters to the Planning Committee for study and recommendation. E. CITY ADMINISTRATOR (1) Mr. Hanley reported that he has received a communication Saratoga from the Saratoga Union School District indicating their Union interest in the possible acquisition by the City of approxi- School mately five acres of property on the south side of the District Fruitvale School property for possible exchange with the land School District for their acreage adjacent to the Civic exchange - Center. The School District, Mr. ttanley stated, proposes Fruitvale a land for land exchange with the City e~entually relocating Avenue the ruffed area, baseball and basketball facilities on the Other district land~ The Counc{1 agreed with the Mayor's suggestion that the City Administrator obtaih an appraisal of the land in question. Bids (2) It was moved by Councilman Tyler, seconded by Councilman stage Hartman and unanimously carried to authorize the preparation lighting of plans and specifications and advertising for bids for stage lighting for the Council Chambers. VIII COI~4UNICATIONS A. WRITTEN C.of C. (1) Mayor Glennon noted that a c~mmunication has been received Bus. License from the Saratoga Chamber of Commerce endorsing the proposed business license ordinance for Saratoga. Oak Tree - (2) Mr. Hanley stated that Davey Tree Surgery Company is checking near Herriman out a report from Mr. Philip Blumenthal that an oak tree near Herriman Avenue is a possible hazard. Zoning & (3) Mr. Hanley called the Council's attention to a letter from Sub. State the City Attorney outlining recent changes in zoning and 1~ changes subdivision regulations by the State legislature, This letter was distributed to the Council for information and review. -9- SARATOGA CITY COUNCIL MINUTES - NOVE~.~ER 3, 1965 B. ORAL (1) Mr. R. E. Griffith, 19000 Mellon Drive, protested the closing of Mellon the median on Saratoga Avenue for a left turn onto Mellon Drive Drive. Mr. Hanl~y explained that this intersection is the left turn one at which the median was marrowed because of the City's area from interest in preserving the large Oak tree at Mellon Drive Saratoga and it is the engineer's estimate that there is inadequate Ave~e space resulting to hold a car for a left turn stack lane, and that from a safety standpoint it would be appropriate to eliminate a left turn area from Saratoga Avenue onto Mellon Drive. After discussion, the Mayor, with no objection, referred the matter to the Public Welfare Committee for analysis with the Director of Public Works and the Engineers of Work~ Creegan and D'Angelo, (2) Mayor Glennon acknowledged, with pleasure, the presence of Planning Commissioner and ~s. Crisp; P~s. Parker of the Good Government Group and Don Bush of the Chamber of Commerce. IX ADJOURNMENT It was moved by Councilman Burry, seconded by Councilman Tyler, and unanimously carried to adjourn the meeting at 12:40 A. M. Respectfully submitted, /,, / ':,/ ,,!,' /E_~/ ~;t. ~'~ t'~'z,''~ ./.. WILLI~I C. ~EY, CI~ CLE~<'