Loading...
HomeMy WebLinkAbout07-05-1967 City Council Minutes SARATOGA CITY COUNCiL SUEe4ARY OF MINLFEES TIME: Wednesday, July 5, 1967 7:30 P. M. PEACE: Saratoga City Council Chambers, 13777 Fruitvale Ave,, Saratoga,Calif. TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:35 P. M. A. ROLL CALL Present: Councilmen Glennon, Hartman, Tylers Burry Absent: Councilman Robbins B. MINUTES It was moved by Councilman Burry, seconded by Councilman Hartman, and Minutes carried to dispense with the reading of the June 21, 1967 minutes and approve them as written. Mayor Glennon abstained from voting as he was not present at the June 21 meeting. 1I BIDS AND CONTRACTS A. AGREEMENT FOR SHERIFF'S PATROL The Clerk re~orted.that, as i~Structed at the last meeting, he had Sheriff's contacted the County relativ~ to the proposed increase in sheriff's Patrol patrol services and was advised that the proposed ~ourly rate is based Agreement on a cost analysis covering the period from October, 1966 through 1967-68 January~ 1967. The prime factor in the increase~ Mr. Huff stated, is the inclusion for the first time ce the cost of Cdunty CommunicatiOns services in the rate computation, After discussion, it was moved by Councilman Tyler~ Seconded by CounCil- man Hartman, and unani~ously carried td authorize the Meyo[ to execute the agreement for shetrills patrol services for the 1967-68 fiscal y~ar at a total cost of $75s/~2, based on 17.7 hours pe~ day at $11.70 per patrol hour. B. AGREEMENTS FOR PROPERTY ACQUISITION - VILEACE PARKING DISTRICT NO. 1 PiT. Huff reported that an agreement has been executed by Ralph Van Arsdale, owner of property needed for Village Parking District No. 1. Although Village Mr. Van Arsdale is not participating in the districts a portion of Parking his property is needed for the proposed improvements. The parcel can Dist.~l be acquired for $854. based on an appraisal of $2.18 per sq. it. Resolutions Councilmen Burry moved to authorize the Mayor to execute the agreement. Mr. Willard H. Lynch, 14260 Lutheria Ways asked if a portion of the property required for the parking district were not a portion of the old youth center property which he thought the City sold a couple of years ago. Mayor Glennon stated that the property had belonged to the Youth Center corporation but that the City has never had any. connection with the property. Councilmen Hartman seconded the motion to authorize the Mayor to execute the agreement and Mayor elenno~ directed the record to indicate that the motion carried with Councilman Tyler abstaining. Mayor Glennon asked Mr. Lynch if he wished any further information relative to the former Youth Center property and Mr. Lynch asked for clarifications for his benefit and for other citizens who have held the opinion that the sale of the property to a puhlic official involved re-zoning of the property. Members of the Council and staff advised Fur. Lynch that (1) the property was zoned by the County many years ago and has never been changed nor has application been made to change it, (2) Youth Center, Incorporated, SARATOGA CITY COUNCIL MEETiNG - JULY 5, 1967 - Continued had sole interest and the City was not involved in the sale by the Youth Center. Mr. Lynch indicated that this information satisfactorily Settled any - questions he had had regarding the status of this property. C. LANDSCAPE NAINTENANCE CONTRACT - REPORT OF BIDS Mr. Huff reported that two bide were received for maintenance= of the Landscape landscaping on Saratoga Avenue, Blaney Plaza, Saratoga Civic Center, Maintenance and Manor Drive and that thelowbid was for $1040. per month~ submitted Contract by Green Valley Maintenance Company and the high bid was in-the amount of $10~2. per month, submitted by Grosken, Incorporated. It was moved by Councilman Burry, seconded by Councilman Tyler, and unanimously carried to award the bid to Green Valley Maintenance Company and authorize the Mayor to execute an agreement for landscape maintenance services for $1040,' per month. PETITIONS, ORDINANCES AND FOPa4ALRESOLUTIONS A. ORDINANCE 38o17 The Clerk reported that this ordinance was considered and introduced at the last meeting and it was moved by Councilman Tyler and seconded Ord. by Councilman Burrye to adopt Ordinance No, 38.17, establishing time 38.17 limits on building permits. Time Limit- Mr. Lynch, i4260 Lutheria Way, bbJected to~the adoption of this oral- Bldg. nance on the ba~s that he felt that existing ordinances are adequate Permits to protect the health, safety and welfare Of the public and that placing a time limit on building permits wduld benefit only contractors and would restrict individuals who wished to do their o~u homo improve- mont work. Mr. Lynch questioned the objectives of this Ordinance and expressed doubt that i~ would aid the primary ObjectiVes of a building permZt. The City Attdrney stated that i~ ha~ always been a proViSion of the Uniform Building Code that a building must be started Within 60 days after a building permit is issued and that if building is abandoned for 120 consecutive days the Structure will be considered to have been abandoned and may then be removed unless the builder obtains another building permit within 30 days of the expiration of the original permit. Mr. Johnston reported that the Chief Building Inspector requested an ordinance to control instances where it is not possible ~o prove abandonment and cunsequently structures may remain in an unsightly, unfinished condition for a period of many years. Exten- sions of a building permit time limit may he granted, Mr. Johnston continued, if the builder can show reasonable cause why he was delayed beyond his original estimate of time needed for construction completion. Additionally, any decision of the Building Inspector may be appealed to the City Council if an applicant disagrees with the Building Inspector~s decision. After further discussion, the Mayor called for the question on the motion to adopt Ordinance 38.17 and the ordinance was adopted by unanimous vote of the Council. B. ORDINANCE NS-3-ZC-39 The Clerk reported that public hearing was held at the last meeting on the application of M.V.S. Company to fezone, from A to R-M-3,000, Ord. approximately 10 acres on Saratoga Avenue for development of a multiple NS-3-ZC-39 residential adult community. The public hear!.ng was closed and the M.V.S.Co. ordinance to fezone introduced at that time. SARATOGA CITY COUNCIL MINVEES - JULY 5, 1967 - Continued Councilman Burry stated that he had artended a number of meetings when this utter was considered and that he felt the Planning Cov~nission had conducted a very thorough study of the proposal and that its ultimate reconunendation for favorable action on conditional zezoni~g was based on a good plan, Councilman Burry also said that he had heard nothing from the opponents at the public hearing which would cause him to vote against the proposal and that he thought the matter should be acted on at this time. Councilman Tyler said that he thought the M;V.S. Company proposal was designed to provide the type of facility that would satisfy the needs of Saratoga citizens who haves for some years, expressed a desire for suitable retirement development, He expressed concern, howevers about the possibility that the City might not have control in the event the property should acquire new o~mers who were not inclined to carry out the intent of the City and the N.V.S. Company to restrict the facilities to adult use. Councilman Hartman concurred with Councilman Tyler*s comments relative to restricting the area as an adult community, although he stated that he did not necessarily think it should be limited to retired persons. He stated that he thought the Planning Commission and Council agreed that an adult community development is needed and that the density and quali~y of the Structures proposed would~.fr0m an economical standpoints tend to automatically limit the use to older adults. Ord~ · NS-3-ZC*39 The Council and staff discussed the question of age limit control M.V.S.Co. and Planning Commissioner Johnson co~men~ed that thei Planning Com- mission had considered this aspect but did not believe it had the authority to impose restrictions of this nature on a rezoning matter. The City Attorney stated thats although the City .may; and w~ll if it adopts this ordinanCe~ establish control Of a particular use within a particular times he agreed with Commi~sioner Johnsdn that the control stage would normally be w~th site approvals design reviews etc. and not at a time of conditional reclassification. Mayor Glennon pointed out that the ordinance woUid be null and Void if construction, substantially in accord with the plans submitted, has not been started within one year and completed within two years there- after. This condition, he felts would allow the Council to observe whether or not the development meets the standards desired by the City and if it does not appear to be doing so~ then the Council ~ould have the right to deny any extensions of time for completion of the project. It was moved by Councilman Burrys and seconded by Councilman Tyler, to adopt Ordinance NS-3-ZC-39s subject to execution of agreement to the conditions of reclassification by the applicant. Motion carried with Mayor Glennon abstaining because he was not present at the public hearing regardin~ this matter. Mayor Glennon commented thats although he was not present at the public hearing, and had therefore abstained from voting on this ordinances he wanted to call to the applicants~ attention his previous suggestion that this proposed development be planned in increments of 5 acres so that the Council could insure that the area was being developed .in a satisfactory manner. The Mayor said that it was his understanding that this approach presented difficulties in financing and that the rezoning application was then f~led for 10 of the original 17 acres. In view of the controls available to the Council by the conditional reclassificatfon ordinances Mayor Clevaon said thats had he been in a position to votes he would have voted favorably on the ordinance unless some evidence presented at the public hearing caused him to change his op!n~ono E. RESOLUTIONS PERTAINING TO FO~v~TION OF VILLAGE PARKING DISTRICT ~1 Village Parking ~ith Council approval, Mayor Glennon moved to Item III-E on the agenda Dist.~l in consideration of the bondin~ attorney's time schedule. SAPSTOGA CITY COUNCIL MINUTES - JULY 5, 1967 ~ Continued III -B. VILLAGE PARKING DISTo~I - ContinUed The Clerk presented five resolutions pertain~ng to the f6rmation of Village Parking District No. 1 and the Conncil considere~ them , individually, with explanations of the bonding procedure, sequence Village of presentation, and purpose of the resolutionS. Parking Dist.~l It was noted for the record that Councilman Tyler would abstain from voting on these resolutions, although PEr. Assaf advised that it would be legal for him to vote~ if he wished. RESOLUTION NO. 360 - It was moved by Councilman Hartman, seconded by Councilman Burry, a~d carried (with Councilman Tyler abstaining) to adopt Resolution No, 360, amending Resolution No. 329 entitled "A Resolution of Intention to Acquire and Construct Improvements". RESOLUTION NO, 361 - Mr. Jack Stewart of Creegan and D'Ange~o presented the Engineer's report and, after review by the Council, it was moved by Councilman Hartman, seconded by Councilman Burry, and carried (with Councilman Tyler abstaining) to adopt Resolution No. 361, preliminarily approving the Engineer's report. RESOLUTION NO. 362 - The Clerk ~eported that S~ate Ikw requires the adoption of a resolution establishing the general pr@vailing rate of per diem wages in the locality i~which public work is proposed to be performed. Councilman Hartman moveds seconded by MayOr Glennon, to adopt Resolution No. 362, establishing prevailing wage scale. Mayor G~ nnon called for a roll call Vote and the motion carried by the following vote: AYES: Mayor Glennon, Councilman Hartman, Councilman Tyler NOES: Councilman Burry ABSENT: Councilman Robbins. RESOLUTION NO. 363 -:Councilman Hartman moved, seconded by Councilman Burry, to adopt ReSolution No. 363, appointing time and place of hearing protests in relation to proposed acquisitions and improvements, and directing notice~ The hearing was set for. August 16, 1967 at the hour of 8:00 o'clock, P. M. Motion carried with Councilmen Tyler abstaining. RESOLUTION NO. 364 - It was moved by Councilman Hartman, seconded by Councilman Burry, and carried (with Councilman Tyler abstaining) to adopt Resolution No. 364, calling for sealed proposals, bids to be opened at 3:00 P. M. on ~gust ll, 1967. RESOLUTION NO. 365 - Councilman Hartman moveds seconded by Councilman Burry, to adopt Resolution No. 365, describing proposed boundaries of assessment district, directing.filing cf map and directing recordation of notice of assessment. Motion carried with Councilman Tyler abstaining, RECESS: 9:20 P. M. RECONVENE: 9:35 P. M. C. ORDINANCE NO. 44 - Adopting preliminary budget for 1967-68 fiscal year, The Council agreed that several items pertaining to the 1967-68 Ord.44 preliminary budget need study and that a special meeting should be Preliminary called to consider these items, With Council approvals ~yor Glennon Budget directed the Clerk to send the necessary notices of a special meeting 1967-68 to be held on Monday, July 10, 1967 at 7:00 Po M. at the City hall offices for the purpose of considering the adoption of the preliminary budge~ for 1967-68. Councilman Burry advised that he will be unable to attend the special meeting and the Council agreed that the meeting ~ould be postponed in the event the other member of the Management Committee, Councilman Robbins, should be nn~ble to attend at that time. D. RESOLUTION NO. 85-6 Councilman Hartman suggested that the employee salary and policy Res.S5-6 resolution also be deferred until after the time of consideration Personnel SARATOGA CITY COL~CILMINUTES - JULY 5, 1967 Continued III-D. Res, 85-6 ~ Continued of the preliminary budget. The Clerk reported that, if the Council wishes to accept the recommendations of the Management Comnn[ttee relative to salarlesm new salary rates would be effective as of July 1 and that the payroll of July 15 would have to be issued under the 1966-67 rates unless action is taken On this resolution prior to that time. Councilmen Hartman then moved that the resolution be adopted. Council- Personnel man Hartman then withdrew his motion so that Councilman Burry could Salaries report a suggested deletion from the resolution. & Policy Res.85-6 Councilman Burry pointed out that the personnel resolution presently provides that "Any employees with the exception of department heads and officersm may be discharged for cause by the City Administrator~ with the consent of the Council." Councilman Burry suggested that the words "with the consent of the Council" be deleted as it was his feeling that an administrator should have the authority to act accoxding to his jndgement and not have to have Council consent to fill or vacate routine budgeted Job positions. The Council agreed and it was moved by Councilman Hartman, seconded by Councilman Tylers to adopt Resolution No, 85-6, subject to deletion of the phrase quoted above; marion carried unanimously, F. RESOLUTION NO. 359 The Clerk stated that this form 0f resolution is adopted annually to Res.359 take advantage Of an alternate procedure of collecting taxes on the Alternate lighting districts. The City AttQrney explained the nature of the Procedure Act which pre~Cribes the method for levying and colle~ting assessments -Lighting for lighting districts and advised that the mare convenient procedure District of authorizing t~e County tO asSeSs and collect taxes along with the Taxes annual property haxes requires the adoption of a resolution by the Council to use this alternate procedure. It was moved by Councilman Burry, seconded by Councilman Hartman, and unanimously carried to adopt Resolution 359, IV SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS None V PUBLIC HEARINGS None VI ADMINISTRATIVE MATTERS A. MAYOR (1) Mayor Glennon announced that the General Plan Committee has sub- General mitted a comprehensives detailed report involving hundreds of Plan committee member hours. Review Planning Commissioner Johnson reported that the General Plan Committee of the Commission plans to meet July ? and prepare an analysis of the Executive Committee*s recommendations. Lawrence Livin~ston will not be present at that meeting but will be available to the General Plan Committee next week. It was noted for general information that the Saratoga News printed the General Plan Comn~.ttee report in its July 5 edition, (2) Mayor Glennon announced that the Inter-City Council will meet I.C.C. tomorrow evening at the Adobe Creek Lodge in Los Altos Hills Mtg. and that officials plannil~ to attend should Be notify the City Adu~.nistratoro B. FINANCE (1) It was moved by Copncilman Hartman, seconded by Councilman Tyler~ Bills and carried unanimously to approve the claims listed on the disbursement list dated July 5~ 196Y~ for a total amount of $?2,798o51 and authorize that warrants be dream in payment, SARATOGA CITY COUNCIL MINUTES - JULY 5, 1967 - Continued VI-C. COUNCIL COMMITTEES AND REPORTS None D. DEPARTMENT HEADS AND OFFICERS City vs. (1) The City Attorney reported that, at the direct~on of the Planning Margolis Departments his offices were required to file a suit against Harry Margolis for a zoning vi01ation, It was moved by Councilmen Hart- mans seconded by Councilman Tylers and unanimously carried to retroactively authorize the City Attorney to bring action for injunction and abatement against Harry MarSells, et al and to ratify all action to date by the City Attorney in filing such action, E. CITYADMINISTRATOR (1) The City Administrator reported that at the last meeting the Council authorized execution of a contract with Power Construction Power for water service coustruction at H~cone Gardens for an amount not Construction to exceed $14sO00. but that the correct cost would amount to Company $14s525. It was moved by Councilman Burry, secnnded by Councilman Contract Hartmon~ and unanLmously carried to authorize the execution of a for water coutract at the total cost of $14,525. at Hakene (2) Mr. Huff announced that 13 applications have been received for the Director of hblic Works position and the Mayors with Council Public Works approval, requested that Mr~ Huff screen these applicants and Applicants when the number has been reduced to three to consult the appropriate Council Committee to arrange interviews; if the Committee wishes. VII CO~IUNICATIONS A. WRITTEN ~rs.Denny- (~) With no objec~ions Mayor Glennon referred to the Public Welfare Westcott Dr. Committee a request from Mrs. Denny requesting abandonment of an Aband.Request offer of dedication on Westcott Drive. O. Johns (2) Mro Huff reported that one meeting has been held with Orville Drainage Johns regarding a drainage Complaint and that another o~e is Complaint planned before the staff reports regarding the matter. B. ORAL (~) Don [~craa, 20629 Reid Lanes representing the Good Government GGG re Group~ expressed support of the City~s action in filing for an Margolis abatement of a zoning violation by Mr. Margolis. He stated that suit this enforcement of the Zoning Ordinance will d~scourage other persons who might othen~ise be tempted to disregard zoning regulations. (2) Councilman Tyler reported that, during the recess~ Mr. Lynch had questioned the Counci1~a adoption of an ordinance wh~ch~ some time Zoning ~ange agos repealed the requirement that notice of zoning change appli- Noticing cations be mailed to persons ~ning property within 500* ~ an a~sa Procedure to be rezoned. The City Attorney explained that the procedure the City follows for change of zoning notices is patterned by State law and that the City had therefore changed its procedure when the S~ate eliminated the requiremen~ for other than public notice in a nexuspaper of general clrculation. Councilman Tyler suggested that the Council consider re-instating the provision for notifying proper~y ox. me~s vithin a prescribed tadins of an area proposed for =ezoning and} with no obJection~ Mayor Glennon referred the matter to the Plarming Committee for study and recommendation. SARATOGA CITY COUNCIL MINUTES - JULY 5, 1967 - Continued Mayor Glennon acknowledgedr with pleasurer the presence of Plarming Commissioner O. W. 3ohnson~ 3r.s Good Government Group Representatives Mrs. Parkerr Mrs. Stark and Mr. Macrear and thanked the ladies of the COG for serving coffee. VIII ADJOURNMENT It was moved by Councilman Tylerr seconded by Councilman Hartman~ and unanimously approved to adjourn the meetinE at 10:15 P. M. Respectfully submitted~ 3. R. HUFF~ CITY CLERK mdr