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HomeMy WebLinkAbout12-15-1965 City Council Minutes - SARATOCA CITY COUNCIL SU~w~RY OF MINUTES T~.~: Wednesday, December 15~ 1965 - 7:30 P. M. P~CE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga TYPE: Regnia~Meeting I ORGANISTION Mayor Glennon called the meeting to order at 7:35 P. M. A. ROLL C~LL Present: Councilmen Glennon, Hartman, Tyler, Burry Absent: Councilman Dra~e B. i~i~UTES Minutes Councilman Burry moved, seconded by Councilman Tyler to dispense with the reading amd approve the December 1, 1965 minutes as written; motion carried unanimously, II BIDS AND CONTRACTS A. REPORT OF BIDS RECEIVED TO FURNISH REPLACEMENT FOR DL~ TRUCK Dump Truck Bids Mr. Hanley reported that this item must be deferred until after the January 3rd bid opening date, B. AGF~EEMENTS FOR ACQUISITION OF RIGHT CF WAY - SARATOGA AVENUE (1) l~e Clcxk reported that an agreememt has been executed by Agreements Maude Do Smith~ et al for acquisition of a parcel of land en S~ra,Aveo .Saratoga Avenu~ at the appraised value of $1820. It was moved right of Way by Councilman Tyler, seconded by Councilman Burry and unanimously carried to authorize the Mayor to erecute the agreement and MoDeSmith authc'Lize that a warrant be drawn in the amount of $1820. for purchase of this parcel. (2) Mr. Henley reported that an agreement has been negotiated with E~H~Renze! Ernest Henry Renzel, et al for acquisition of property on Cox kvenue e,t the appraised value of $5500° and it was moved by CouncilP~n Hartman~ seconded by Councilman Burry and unanimously carri6d to authorize the Mayor to execute the agreement and to III PETITIONS, ORDII,~NCES AND FOR/i~kLRESOLUTIONS A. RESOLUTION NO. 36-B,-80 Res. The Clerk reported that the streets in Tract 2844, Arroyo de Saratoge.~ 36-B-80 Unit No. 3 were accepted for construction November 18, 1965, were Tr.2844 maintained for a year and that the Director of Public Works found no deficiencies at the time of inspection and therefore recentends azceptance of the streets and release of the improvement bead. Councilman Hartman moved~ seconded by CouDciim~n Burry to adopt Resolution No, 36.~B-80, accepting the dedication of streets and releasing the bond for Tract 28441 motion ca:~ried unanimously. IV SUBDIVISIONS, BUILDING SI'fES AND ZONING REQUESTS A. C~90 - T~NAND COUNTRY KFJkLTY CC~A~Ff C-90 Mr. Henley recommended that an amended application filed by ~. Town & Thike Pap ~. on behalf of T~,n and Country Realty Company for Country re~ening property located en the south-west corner of Saratoga and Realty Cox Avenues be referred l;ack to the Planning Co~uission and, with no objection, the Mayor so ordered, SARATOGA CITY COUNCIL MINUTES - DECEMBER 15, 1955 B. ~,80- CLARENCE NF~LE Mr. Hanley cutlined the action raked by the Planning Committee prior to the last meeting of the Ceuncil with respect to Mr. Neale's application for additional uses and extension of the time in which to construct them on his previously rezoned property on Saratoga- Sunnyvale Road. After review of the details of the proposed develop- merit on the site, the area involved and the uses proposed, Councilmen C~80 Hartman was prepared at the last meeting to submit a report that ClareBee the Planning Committee had concluded that the uses proposed would be Neale appropriate for the site. This report was deferred, at the request , of ~-yor Glennon, until this meeting. Ordinance ~S-3-ZC-25-B Mayor Glennon stated that he had asked for a defertel until he could be present to explain why he had voted against Mr. Neale~s application. He felt he had voted against the latest application in a moment of pique because this was the second request for modification of the cenditienal fezcuing that had originally been granted to allow for continuation of a long existing Saratoga enterprise that was threatened with elimination because of the Highway 85 widening. Upon reflection~ the Mayor continued, he wished to publicly state that his vote was erroneous inasmuch as the uses proposed and recommended by the Planning Commission represent, in his opinion, no more obnoxious use than the previously permitted uses and that, if an error occurred, it was at the tlme of the original rezoning. It was moved by Councilman Burry, seconded by Councilman Hartman and unanimously carried to adopt the Planning Commission report, da~ed October 25, 1965, recommending additional uses and extension of the time limit. Mr. Neale ezpreseed his appreciation for the time and additional consideration the Council had given to this application. Councilman Burry moved, seconded by Councilman Hartman to adopt Ordinance NS-3-ZC-25-B~ as introduced at a previous meeting; motion carried unanimously with Mayor Glennon noting that if Councilman Drake were present he would probably vote against the ordinance in a move consistent with his act/on on the original appllcation. C. SD-604 - EVANV. 3UDD The Clerk reported that all fees have been paid, bonds posted and conditions met with respect to an application for final map approval SD-604 of a five lot subdivision on Austin Way, with the exception of Tract changing the proposed street name "Zarahemla War' to one approved 4123 by the Street Name Conmaittee. The proposed street name was E~Judd disapproved, ~. Henley indicated, on the basis of difficulty in spelling and pronunciation. It was moved by Councilman Tyler,seconded by Councilman Burry and unanimously carried to adopt Resolution No. SD~-604-1~ approving the final map for Tract 4123, subject to substitution of an approved street name for the name "Zarahemla Way" which is presently on the final map. Mayor Glennon noted that it was not yet time for the scheduled public hearing and moved to Item VI on the agenda. VI ADMINISTRATIVE MATTERS A. MAYOR Mayor Glennon announced that, in view of the lack of Council objection Park to a proposal fromhim some time ago, he had instructed the City land Administrator to investigate the possibility of acquiring park land for future development and, as a results Mr, Hanley has two items for Council consideration at this time. SARAT0CA CITY COUNCIL MINUTES - DECEMBER 15, 1965 (1) Mr, Hanley read a letter, dated December 13, 1965 fromMr. and Mrs. Paul H. Gardiner offering, as a gift to the City, approximately 2.7 acres of land for park and recreation purposes. The property is located north of Harleigh Drive iu the vicinity of Wildcat Creek east of Porto, Drive in a fairly developed area and Gardiuers - although it is not a large parcel the City Administrator indicated Park ~and that it is a particularly beautiful and suitable piece of property dcnation with a value in excess of $2Os000. Mr, Henley also presented a Brokerage AEreement between the City and Keith Sisgrist under which the City agrees to pay 52,000 for Mr. Siegrtst's services in connection with the dedication of this park lando Mayor Glennon noted that, for tax purposes, the offer should be acted upon tonight as this is the last meetin8 scheduled for this calendar year, and expressed his pleasure at the generous offer which would allow the City to acquire prime laud for nominal cost. Councilman Hartman moved that the offer be accepted, with' the gratitude of the Community and Councilman Burry seconded the motion with the suggestion that a resolution of thanks be presented, in formal form, to the Cardiners with a letter of transmittel from the Mayor. Motion carried unanimously and Mayor Glennon directed the City Administrator to draft a formal resolution for framing and presentation to Mr. and Mrs. Gardiner. Sisgrist It was moved by Councilman Hartman, seconded by Councilman Burry Brokerage and unanimously carried to authorize the Mayor to execute the Brokerage Agreement Agreement with Mr. Keith Siegrist as presented. (2) Mr. Henley reported that he had met with Mr. Ratty, ~mer of the Wildwood Park area and had had several ~ubsequent discussions with Mr. Ratty's attorney, Mr. Hutchinsons including a telephone Wildwood conversation of today during which Mr. Hutchinson advised him that Park area ~. Rattyis willing to extend to the City an option to obtain a option total of 4.1 of the 4.4 acres at a total cost of $20,000 per acre or approximately $82s000. The property includes sanitary and water facilities and three small cottages but does not include the existing residence and th~ land necessary to serve that structure. The 4.1 acres has been appraised byWalter Doyle at $82~500. The option would be for 60 days on a basis of purchase hy the City within three years, $30,000 of which would bepaid on approval by the City Coancil and the remainin~ payments of $30,000 and $22,000 to be at an agreed upon interest rate. After determining that Mr. Hutchinson was not yet present tO su~mit written details of this proposal, Mayor Glennon deferred the matter Until later in the meeting. V PUBLIC HEARINGS - 8:00 P. M. A. ANNUAL REVIEW OF THE GENERAL PLAN General Mayor Glennon announced that this is the time and place for continua- Plan tfon of the public hearing on the annual review of the General Plan Annual and asked the Clerk if any additional communications have been Review received regarding this item since the last meeting. Mr, Hanley read a letter from the Good Government Group supporting the recommendationsof the Planning Co~m4ssion as set forth in its current review of the General Plan, Additionally, Mr, Hanley reported that, at the request of Dr. Abrass certain material has been added to the General Plan Review file which was extracted from the Planning Commission file in connection with Dr. Abr~-- application to fezone from residential to multi-family his property on Saratoga Avenue. This material consists of letters or dot-meats from present or former residents of Saratoga who expressed a feeling of need for Planned Community apartment developments particularly for use by adult an~ retired residents. Other data documenting and supporting such development at the locatlon proposed by Dr. Abram~ is included SARATOGA CIT~ COUNCIL MINUTES - DECEMBER 15, 1965 in the material submitted by Dr. Abrams for inclusion in the General Plan Review file. No other correspondence has been received since the last meeting, the Clerk stated. General Plan With no objection, Mayor Glennon declared the Public Hearing on the Annua! General Plan Annual review re-opened at 8:13 P. M. and ordered the Review additional material received since the last meeting introduced as evidence. Robert Plane, 19270 Douglas Lane, asked for serious considera~iou of the petition he submitted at the last meeting for R-I-20,000 zoning on 118 acres on Fruitvale Avenue across from the Junior college site. Dr. Isaac N. Abram stated that if the Council agrees to the Mayor's suggestion to continue the public hearing for thorough study of the material in evidence, he will not address the Council at this time but will elaborate on any items later on~ if needed. Clarence Neale requested the record to indicate his approval of Dr. Abrams proposal as a necessary and worthy project for Saratoga. Joseph Canepa, an appraiser, stated that one of his clients, an elderly widow, had indicated that she would prefer to stay in Saratoga but was selling her property and moving to another co~munity where suitable housing was available. Mayer Gleanon asked if any one else present wished to speakwith respect to the City's planning concepts and no one responded further from the audience. Councilman Hartman indicated that he would like to investigate some of the suggestions which have been made and would like to have the public hearing continued. Councilmen Tyler asked if the Big Basin Way by-pass proposal had not been considered impractical by the State and the Planning Director indicated that although it had been fouhd to be very expensive the Planning Commission felt that the City should not give up that objective as a long range plan, particularly in view of the State~s expressed interest in investigatihg the possibility of improving traffi~ circulation in the village area at some future date. Mr. Walker also indicated, in response to a question from Councilman Tyler regarding the Planning Commission recommendation relative to park acquisition at Prospect Road and Highway 85 that he felt that this recommendation was lntnded to support an attractive entrance to the City rather than a park in the full sense. Councilmen Tyler and Burry expressed their approval of Councilmen Hartman{s suggestion that the public hearing be dontinned and, with no objection from the audience~ Mayor Glennon directed the public hearing continued to the meeting of January 5, 1966. VI ADMINISTRATIVE MATTERS - continued from earlier'on agenda B. FINANCE (1) It was moved by Councilman Burry~ seconded by Councilman Hartman Bills and unanimously carried to approve the disbursements on the list dated December 15, 1965, for a total amount of $55,519.31 and authorize that warrants be dra~rn in payment. (2) The City Clerk's financial report and Treasurer's report for the month of November, 1965 were submitted and accepted and Finance Mr. Hanley ind~cated, in response to a question from Councilman Reports Burry, that he ~ill continue to investigate recent interest rate increases and will withdraw and redeposit the City's inactive funds as soon as possible to take advantage of any luterest increase in interest rates. rates S.A, RATOGA CITY COUNCIL MINUTES - DECEMBER 15 ~ 1965 COU~iCIL COi~4ITTEES (1) Councilman Hartman reported that the Planning Committee met regarding several item~ including review of the Civic Center Landscaping plans with Mr. Rovianeko The current estimate of the landscaping cost based on present plans, exclusive of the pool Civic ele~ent~ is $20,000 as against a preliminary budget estimate of Center $15,000. Cost of the pool element is estimated at $7,000 to $7500 Landscaping but~ Councilman Haftman stated, the Committee is of the opinion that the poe! elen~nt should not be included primarily because the laI~dscap~ architect believes that it will not add to the esthetic setting for the Council Chambers and indeed may detrect f~om it. Cou~cilmBn Hartman indicated that the Landscape Architect bag carefuily studied the site and existing buildings and has~ on several cccasic~s~ revised the plans in the light of Council thi~ing and that the present plan would best serve the Civic Center Site, both from the standpoint of present landscaping and future expansion. The present plan does not preclude the future placement of statuary or pools. Councilman Hartman emphasized that the pool element was not eliminated on the hasis ef cost but~ rather~ on the basis of esthetics and can= in the future~ be placed in some other location~ It was moved by Councilman Burry~ seconded by Councilman Hartman aild unanimously carried to authorize the Architect to submit final plans and specifications and advertise for bids on the project. (2) Councilman Hartman reported that the g~neral terms of the applicatien for an u~ban beautification grant were reviewed and Beautiflcatien the Planning Committee recommends that the resolution authorizing Application the application be approvedo The Council studied a schedule of activities to be undertaken du~ing the current fiscal year totaling $108~500. Under the terms of the Federal Grant the City will be eligible to receive fifty percent of $81~345. Mr. Henley noted Reso 306 that this application must be ~ppreved prior tb letting the contract on the Civic Center landscaping in order that that portion of [he program can be inclhded for Federal assistance° It was moved by Councilman Hartman~ seconded by Councilman Burry and unanimously carried to adopt Resolution No. 306~ authorizing the filing of sn application for urban beautification and improvement, as outlined. Sub,Ozdo (3) Councilman Itartman reported that al~hough the Planning Cemmitte~ A~end~e had also discussed (1) a proposed amendment to the subdivision park lands .° erdinance to require park land acquisition and development fees Curb and and (2) Curb and gutter requirements in R-1~20,000 and R-!-40~000 Gutter zening districts~ these items were kept under submission for requirements further study by the Committee. D. DEt}AP, TMENT HEADS AND OFFICERS (1) The Director of Public Works reported that the Engineers of Chester Ave. Work have found all deficiences to have been corrected in acceptance connection with the Chester Avenue Improvement project and recommend that the work be accepted and the 35 day retention period begin in~-.ediatelyo It was moved by Councilmen Hartssan, seconded by Councilman Burry and unanimously carried to accept the work as recommended o Sea Gull Way (2) With no abjectlon~ ~.~yDr G]enne~ referred to the Public Welfare left turn Committee suggested alternate plans which have been drawn by lane the Public Works Department relative to a proposed left turn lane at Sea Gull Way, D~Mc~innis ~ (~) A letter from Baker McGinnis requeszing a break in the median Hwy 9 median at his driveway on Highway 9 was re~erred to the Public Wel~ re Committee° SARATOGA CIT~ COUNCIL MiNOTES - I'.ECE[~ER 15 ~ 1965 S~ratqga (4) ~e Director of Public Works reported that although part cf the ~enue reason for the apparent delay on the Saratoga Avenue project has project been the weather and the waiting period for settlement of the trench he will contact the Contractor in an effort to speed the work of hack filling and final ~esurfacing of the trench areas° itighway 9 (5) Mro Henley reported that, in connection with the Highway 9 at Plaza project, he had contacted P.G. & E. today regarding re!ocation utility pole of the utility pole on the southeast edge of the Plaza area. relocation (6) In answer to Councilman Hartman:s question regarding undergrounding Plaza area all utilities at the plaza~ the Clerk indicated that the question underground had been given up in the initial stages of ~he Highway 9 project as uti!i~ies too costly and that this decision had been made prior to the City's policy regarding underground utilities. At this stage it is not feasible to attempt any undergrounding in connection with a small portion of the project, Mr. Henley indicated. (7) The Planning Director reported that the Planning Commission~ at Ordinance the December 13~ 1965 meeting requested that the Council be advised N$~5=i0 that t~e Planning Commission recommends adoption of Ordinance NS~5 olO~ Dual Access granting authority tO require more than one means of access from a subdivision to existing public streets as a condition of tentative map approval when required in the cplinion of the Planning Commlssien for public safety. The Planning Committee had previously recommended adoption of the proposed ordinance if it was approved by the full Planning Commission and with no objection~ Mayor Glennon ordered the ordinance introduced° VIi COI~UN!CATIONS A. WRITTEN ~arl~L.Go (1) Council acknowledged a letter from the Saratoga-~Los Gates Reefed- Recreation tion District thanking the Council for the District's recent use use of of the Council Cha~Der facilities and pointing out that the building Council was filled to capacity for their program. Chambers LoG.gc~Tc;enger (2) A letter from the Los Gates Scgvenger Company requesting Cc~a~y modification and extension of the current contract was referr~ R~quest to tt~ Management Committee for study and recommendation. B, ORAL (1) Mr. Hutchinson, representing Mr. George Ratty, filed with the Clerk a copy ef a letter outlining Mr. Ratryes proposal relative Uild~ood to his willingness to negotiate with tile City for the purchase o~ Park area a portion of the Wildwood Park area. Mr. Henley read the letter~ option dated December 15, 1965, and indicated that the basic terms of payment are in accordance with his suggestion as economically more feasible from the standpoint of the City if the Council feels that it wishes to negotiate for the purchase of the property. The City Attorney pointed out that the proposal is not an option to buy but is rather an offer to negotiate on the teI~ns outlined in the letter. Mayor Glennon indicated that he favors investigating possible acquisi- tion of the property and subject to the Council reserving the right to either accept or reject any proposals at the next meeting the Mayor referred the matter to the City ~.dministrator and the City Attorney with instructions to negotiate with Mr. Hntchinson for an option which might be acceptable from the City's standpoint. (2) Mayor Glennon ~cknowledged~ with pleasure, tile presence of Planning Comafission Chairman Norton~ Ruth O~ans of the Good Government Gronp and Donald Eush ef the Chamber of Commerce= Respectfully submitted,