HomeMy WebLinkAbout12-20-1967 City Council Minutes
SARATOGA CITY COUNCIL
SUMMARY OF MINUTES
TIME: Wednesday, December 20, 1967 7:30 P. M.
PLACE: Saratoga City Council Chambers, 13777 Fruitvale 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, Burry, Harman
Absent: Councilmen Robbins, Tyler
B. MINUTES
It was moved by Councilman Hartman, seconded.by Councilman'Burry~' and
Minutes unanimously carried to waive the reading and approve the minutes of
the December 6, 1967 meeting, as written.
II BIDS AND CONTRACTS
None
III 'PETITIONS, ORDINANCES AND FORMAL.RESOLUTIONS
A. RESOLUTION SDX-.1690-2
Res. The Clerk stated that the owners of Lot 42 in Tract 1690 requested'
8DX-1690-2 abandonment of a wire overhang easement, that the Pacific Gas and
Utility Electric Company and the Pacific Telephone Company agreed that the
Easement easement was unnecessary, and that he therefore recommended 'that the
A~andonment easement be abandoned. It was moved by Councilman Hartman, seconded
Tr. 1690 by Councilman Burry, and unanimously carried to adopt Resolution No.
SDX-1690-2, abandoning utility easement in Lot 42, Tract 1690.
B~ RESOLUTION NO. 391
Res. 391 It was moved by Councilman Burry, seconded by Councilman Hartman.
Lucin~a Ct. and unanimously carried to .adopt Resolution No. 391, changing the
St. Name . name of the street "Lucinda Court:' to "El Camino Sends", as requeste~
Change by the only resident-owner !who has a home on this street.
SUBDIVIS.IONS, BUILDING SITES 2uND.ZONINGREQUESTS '
A. SD-?18 - TRACT 4406
8D-~18 Mr. Huff reported that all conditions of tentative map approval for
1'~.4~06 Tract 4406, a 7 lot subdivision located on Allendale Avenue, had been
Final met, with the exception of the fiIing of a grading plan and preliminary
Map soil report. It was moved by Councilman Hartman~ seconded by Council-
man Burry, and unanimously carried to adopt Resolution No. SD-718-1,
approving the final map of Tract 4406, subject to receipt by the Clerk
of the required grading plan and preliminary soil report.
PUBLIC HEARINGS AND HEARINGS ON APPEAL
None
ADMINISTRATIVE MATTERS
A. .MAYOR
I.C.C, (1) Mayor Glunnon~ announced that the Inter-City Council will meet in
~eting Mountain View at the Sakura Gardens restaurant on Janusrye4',
-!968, and asked that anyone planning to attend notify Mr. Eads
for reservations.
SARATOGA CITY COUNCIL MINUTES - DECEMBER 6, 1967 - Continued
B. FINANCE
(1) PAYMENT OF CLAIHS
After brief discussion relative to progress payments on several
Bills
public works projects, it was moved by Councilman Hartman,
seconded by Councilman Burry, and unanimously carried to approve
the disbursements on the list dated December 20, 1967. and auth-
orize that warrants be drawn in payment for a total mount of
$46,592.07.
(2) TREASURER'S REPORT
The Treasurer's'report for the month of November, 1967 was
Finance
distributed for Council review.
Reports
(3) CITY CLERK'S FINANCIAL REPORT
The Council studied the City Clerk's financial report for the
month of November, 1967, and it was noted that the Traffic Safety
Fund revenue is no longer sufficient to finance half the cost of
traffic law enforcement services and that the balance iS paid
from Motor Vehicle in Lieu funds.
C. COUNCIL COMMITTEES AND REPORTS
(1) In the absence of Public Welfare Conmittee Chairman Tyler, Council-
man Hardnan reported that this Committee recommends that Allendale
Avenue between Fruitvale Avenue and Harleigh Drive be designated
an underground utility district. To implement this decision it
Underground was recommended that the City Attorney be directed to prepare an
Utility underground utility ordinance enabling the Council to designate
Districts specific areas as underground utility districts. Councilman
Hartman stated that several items arc under active consideration
in the Cormmittee's continuing study of the undergrounding pro-
blem. These include development of a streamlined system on
Fruitvale Avenue, investigation of rate surcharge with P.U.C.,
· study of assessment district financing for conversion projects
and survey of existing lines in the city to determine voltage of
lines in various areas as a basis for developing conversion
priorities.
Councilman Hartman and Director of [ublic Works Shook briefly
discussed some of the topics reviewed at the statewide conference
on underground utilities which they recently artended and Mr.
Shook indicated that the condensed report of activities which
he is preparing is not yet ready.
It was moved by Councilman Hartman to accept the report of the
Public Welfare Committee, dated December 14, 1967, and direct the
City Attorney to draft an ordinance enabling the Council to
designate specific areas as underground utility districts. Council-
man BUrry questioned whether or not it is necessary to prepare
an ordinance at this point and Councilman Hartman stated that the
ordinance proposed would simply be an enabling ordinance and
would not designate particular areas as underground utility
districts; ~ndividual districts would be considered separately
and would require specific Council action in each case, he noted.
Councilman Burry then seconded the motion to'adopt the Committee'~
reconunendations and the ~otd.om e=~i~ T-Iv the unanimous&vote of
the Council.
D, DEPAR~N~ ]~i~S/s, iNU O~F~CERS
V~a Areaale, (1) The City Attorney reported that trial of the Ralph Van Aredale,
Mrs. Pearl Smith vs City of Saratoga, et al case had commenced on
Smith VS
December 15, 1967 and-that, after trial ce,umeuced, there appeared
City of Saratoga
to be a theretofore unexplored area of settlement available and
trial was recessed by .the court pending a possible agreement.
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SARATOGA CITY COUNCIL MINUTES - I:IECEMBEI~ 6, 196~ - Continued
D. (l) VAN ARSDALE, SMITH vs CITYOF SARATOGA - Continued
Johnston stated that a settmenent was agreed upon between the
attorneys, subject to confirmation by the City Council, and the
terms of the settlement were set forth in his written report to
the Council, dated December 18, 1967. Briefly this would involve
establishment of the portion of Third Street in question as a
Van Aredale- public street of the City, with the City to regrade and resurfsce
the street, maintain it at city expense, and provide marking
Smith vs
City of Saratoga for 30~ angle parking. The City would agree that no reduction
from the number of parking spacesat the 30Q angle would be
made without the city providing substitute parking in lieu of
any such reduction. Mr. Johnston reviewed the.history of this
case but stated that hedid not wish to discuss. the faCgts of the
case in the presence of the attorney for the plain~iffs'~ Mayor
Glennon stated that it would be difficult for the Council to
properly consider a possible compromise without first hav%ng
benefit of the City Attorney's briefing. Therefore, with no
objection, he deferred action untilall other business on the
agenda would be completed and announced that the Council would
· adjourn to Executive Session for the purpose of considering
this item and reconvene to state its position.
Sarahills Dr. (2} The Director of Public Works submitted a report of the total
Emergency cost of the emergency and temporary repairs on Sarahills Drive
' and stated that the total of $26,154.01 did not.include city
~epair
costs employees' salaries but that he estimated that amount to be
10 to 20% of the total.
Tr. 4253 (3) The Director of Public Works reported that improvements had been
Construction satisfactorily constructedin Tract 4253 and it was moved by
Councilman Putty, seconded by Councilman Hartman, and uaauimously
Acceptance
carried to accept the improvements, for construction only.
Monument (4) It was moved by Councilman Burry, ~econded by Councilman Hartman,
Bond and unanimously carried to release the monument bond posted in
Release connection with the development of Tract 3101, as recounnended
by the Director of- Public Works.
(5) With no objection, Mayor Glennon directed that the City submit
to the Transportation Policy Committee a request for use of the
Non-expressway $89,868.52 balance of non-ex~ressway. bond funds for the improve-
funds for ment of Fruitvale Avenue between/f~lendale and Saratoga Avenues.
Fruitvale Ave.
(6) The Council received copies of the pavement evaluation study of
Fruitvale Ave. Fruitvale Avenue from Saratoga Avenue to San Marcus Drive
pavement study prepared by Woodward-Clyde-She~ard and Associates and the Director
of Public Works commented that, for the most part, the consultants
recommend overlay rather than reconstruction~ Councilman Hartman
noted that this would generally support his previously expressed
opinion that much of the, area has a naturally good soil base
for street construction. It was moved by Councilman Hartman,
seconded by Councilman Burry, and unanimously carried to accept
the report as submitted.
E, CITY ADMINISTRATOR
(1) The City Administrator reported that a written report from the
City of San Jose has been received relatfve to the Miller-Prospect
Avenue intersection and that ie f0rmally sets forth thief prev-
iously submitted oral opinion that traffic at this location does
not justify the installation of signalization and pedestrian
crosswalks arthiS time. It was thief recommendation that the
area be checked for Lfuture need of traffic control devices
at such time as further improvements are made to Prospect and
Miller. With no obJe'C'tion, Mayor Glennon directed the matter
tabled.
-3~
SARATOGA CITY COUNCIL biINUTES o DECEMBER 6, '1967 - Continued
(2) Mr. Huff reported that the clty's insurance carrier has suggested
Council that the City install an emd~genCy lighting system in the Council
Chambers Chambers to operate ~utomatically at any time the main power
Emergency fails. The estimated cost of such lighting is $625. Although
Lighting it was reported that the local~insurance agent had indicated
that failure to install the i ights would probably not affect
the premiums, it.was suggested as an additional safety measure.
With Council approval, Mayor Glennon ordered the item tabled.
VII COMMUNICATIONS
A. I~RITTEN
Lipave property(l) The Council acknowledged receipt Of a letter from Canzano Realty
sale - Fruitvale and Company submitting for sale the Ljepava property on Fruitvale
Avenue Avenue at a cost of $20,000 per acre.
P.G.E (2) A letter, dated December 13, 1967, from'Paul Straub, Manager of
Underground Pacific Gas and Electric Company, advised thac $21,800. of the
utility overall P. G. & E. budget for the conversion of overhead electric
conversion distribution facilities with underground facilities has been
allocation applied for City of Saratoga use.
E.M. Walsh '(3) The Mayor eXpressed:appreciation to Mrs. Eugenia M.
letter of reporte.~ for the Times-Observer, for her letter of December
appreciation 1967, thanking the Council, Planning Commission and staff for
their courtesies in the past.
(4) Mr. Huff stated that Mr. Emery Delmas, representing G. E. Cable-
C.A.T.V. v~sion Corporation, had expressed disappointment that his clients
Underground had had no opportunity to discuss the ordinance requiring under-
ordinance grounding of C.A.T.V. facilities prior to its adoption. The
applicants for C.A.T.V. franchises were aavizea, Mr. Nu[f inajc~tea.
that the Council was considering the amendment and asked whether
they would wish to re-submit their applications on the basis of
undergrounding requiremen~ but that they were not advised
specifically when the itemwas placed on, the Council agenda.
Mayor Glennon conunented tha~ it was his recollection that the
applicants were told same t~me ago, that .they would be given
opportunity to discuss any undergrounding proposal prior to
Council action and that he felt that the Council had therefore
failed in this regard. Councilmen Hartman and Burry indicated
that although the firms may not have had specific notice of
the amendment they were definitely advised that, the matter
was under serious conslderacion. The Council agreed, however,
that the applicants for C.A,T.V. franchises should be notified
of the Council~s regret for any lack of communication and that
theircou~ents will be heard and, if it seems appropriate, the
undergrounding amendment reconsidered.
B. ORAL
(1) EXECUTIVE SESSION
Mayor Glennon announced that, ~bject to the advice ~f the City
Van Aredale, Attorney, the meeting would be adjourned, at this time,
Smith - vs ExeCutive session for the purpose of considering the report and
City of recommendation of the City Attorney in the case of Ralph Van Arsdale,
Saratoga Pearl Smith vs the City of Saratoga.. The Mayor invited those
Executive present to have coffee in the lobby,. courtesy of the Good
Session Government Group, and stated that they would be asked to return
to the audiencewhen the COuncil had concluded its deliberations.
The City Attgrney advised that State law permits executive sessions
=~ ...... _~,to exclude the public during discussion of
8:40 P. M. - RECESS AND RECONVENE IN EXECUTIVE SESSION.
9:12 P..M. - RECONVENED IN REGULAR SESSION.
SARATOGA CITY COUNCIL MINUTES - DECEMBER 6, 1967 - Continued
Mayor Glennon announced that the Cguncil had discussed, with the
City Attorney, his suggested settlement in the Van Arsdale, Smith
vs City of Saratoga case and asked for a motion to formalire
Van Arsdale, the Council's decision. It was moved by Councilman Hartman,
Smith vs seconded by Councilman Burry, and unanimously carried (1) to
City of approve a judgment by stipulation whereby the portion of Third
Saratoga Street in question be e~tablished and declared as apublic street
Settlement of the City of Saratoga; 2) that the City regrade and resurface
~ this street within a reasonably prompt time, at City expense,
and thereafter maintain it in the same manner as the City maintains
all other City streets of equal construction standards; 3) that
the City permit 30° angle parking on both sides of this street,
to City standards and mark these spaces; (4). that the City agree
that the parking spaces will not be r~duced in number from the
parking spaces so marked without providing substitute parking
for any such reduction; and (5) that the Mayor be authorized
to execute an agreement,in form to be approved by the City
Attorney, to formalire this settlement.
Quite (2) Dr. Isaac Abrams presented a development analysis of the Quito
Shopping Shopping Center for Council review and stated that the report
Center was submitted for Council information only at this time.
(3) There being no further oral communications, Mayor Glennon
acknowledged, with pleasure, the presence of Mrs. Stark and
thanked her for serving coffee in behalf of the Good Government
Group.
VIII ADJOURNMENT
It was moved by Councilman Burry, seconded by Councilman Hartman, and
unanimously carried to adjourn the meeting at 9:20 P.M.
Respectfully submitted,
J. R. HUFF, CITY CLERK