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HomeMy WebLinkAbout03-06-1968 City Council Minutes SARATOGA CITY' COUNCIL SUi, t}Ia, RY OF HINUTES T1}rE: ldednesday, ~iarch 6, 1968 7:30 P~ PLACE: Saratoga City Council Chmnbers, 13777 Fruitvale Ave,', Saratoga, Calif,. ~PE~ Regular Meeting I ORGAI~IZATION : = ~.iayor Glennon called the meeting to order at 7:30 P. Y.I. and ~elcomed the Civics students of Miss ~c~ey's Sarat~a l{fgh School Civics classes~ He called St~ents attention to the bsck~ro~d agerids fnfomatl~ which had been prepared for their aid in foll~fn~ the course of business and ~no~ced that it fs the policy of the Council to pemit interruption of tha procedure by S~dents {~ho wish clarification of an item ~der dfs~ssfon. A. ROLL ~L : Roll Call Present: Councilmen Glenn~, liar,an, Tyler, Bu~y, ~obbfns Absent: None HinuCes It ~as moved by Co~cflman Robbins, seconded by C~cf~ BUrr~ ~d ~antmously carried to dispense x~!th the readinS of the FebrUary 1968 minutes ~d approve them as ~itten. BIDS a CONTACTS ' ~e Clerk ~nounced that he ham received, after the agenda had b~en ~re~nt prepared, s proposed resolution and contract for the relinquis~nt of with. County a portion of Fruitvale Avenu~ tO the Co~ty in order to qualify for for relin- expe~fture of ~89,700. of non~expreas~,ay funds for Fruitvale Av~due qufs~ent improvement. The portion to bd relinquished, Hr. HUff stated, cobsfatS o{ portion of 1150' of Fruitale Avenue rUnping southerly fro~ its fntersecti~ o{ ~fc? with Saratoga~Avenue. Nr. Huff explained that the relfnqufs~nt..fs a vale Ave. technf~ality required by the tems of the expressx~ay bond issue an~ that', upon c~pletfon of the construckle, the County ~-7tll relinquish street back. to the City. ~.lith '~o objection, l{ayor Glennon deferied acti~ ~. this item ~tl later ~ the agenda so that the.:Cfty Attomey ~OUld review .the ~roposed resolution ~d agreecut for reXinquis~nt, III PETITIONS, O~IN~S a FOCAL ~SOL~IONS A& ODIN~E NS-3-ZC-41 Ord. ~r. Huff stated that this ordinate vms reintroduced at the last meet- NS-3-ZC-41 i~, ~ridh a revision to Condition 6, as requested by the applfc~t, to Franklin provide that construction begin within 10 months of the tf~ of Co~cfl Homes approval instead of within six nonths as originally required. · It ~zonfng moved by Councilman Bur~ and seconded by Co~cilman l{~mn to adopt Ordinance NS-3-ZC-41, c~ditiOnally rezonfng property at F~rth Street, Sprinter Avenue ~d Saratoga Creeks fr~ R-~-400~X to R-~-3000. Co~cilm~ Robbins c~ented that, although the z~in~ ch~e requested was a relatively minor one, ft did increase the n~ber of aparments which could be constructed per acre, ~vith comensurate increase in traffic, population, and se~ices ~qufred. -lie expressed c~cem that pemittfng ~ increase fn density ~ould establish an ~desfrable precedent. lle said that he could not agree with the Plsnnin~ C~ission that the zone ch~ge ~ould result in ~he c~structfon of better quality aparments ~d' that, on the basis of the points he had raised, he could not appro~ t~ requested reclassf{fcatf~. Mayor Glennon expressed approval of Councilman Robbins reasons for opposing the change and stated that although he felt that he ~uld approve the ordinance he did so ~fth s~e degree of rese~ation. Noting that developers ~d.managed, fn the ,~st, 'to circ~ent the C~ncfl's Str~IARY OF COUNCIL HINUTES - r4arch 6, 1968 intent, he stated that he would not approve similar applications Unless and until the Franklin Homes develovment proved desirable. At this Ord. time, however, he stated that he is willing to approve some degree of NS-3-ZC-41 experimentation. Franklin Homes Councilman Burry asked ~ny objections had' not been raised at the Rezontng public hearing and ~!ayor Glennon taplied thee there was no reason ~hy a person should voice an o~inion as to ho~ he plans to vote until the time of the vote. Councilman Tyler said that he ~-~as not convinced that density would actually be increased because a smaller number of apartments might result in larger sized units ~hich would house more people then a greater number of smaller units, Councilman Herman called for the question and Ordinance NS-3-ZC-41 was adopted on the Aye votes of Councilman Glennon, Tyler, .~artman Burry, with Councilman Robbins dissenting. B. I~EST VALLEY JUNIOR COLLE~"~ - SARATOC, A CANPUS ASSESSMENT DISTRICT (1) RESOLtrrlON NO, 411 - Res. 411 %I.V.J.C. Mr. fluff stated that Resolution No. 411 authorizes execution of ~reement an agreement whereby the City agrees to install sanitary sexier with / mains in the process of the construction of' Fruitvale Avenue Cupertino improvements~ The agreement was app~Oved by the bending attotmeys Sanitary and provides that if, for some reason, the district does not go District through, then the contract would be void, It ~as moved by Council- lor mains man Har~man, seconded by Councilman Tyler, and carried unanimously to adopt R~solution C. RESOLUTION 412 Requesting Regis trar~s It ~as. moved by Councilman Tyler, seconded by CoUnciiman -~rtman, and Services carried unanimousl~ to adopt ~esolution ~i2, requesting Services of Re,. 412 the Coixnty Registra~*s office for the 1968 General }iunicipai Election. D, APPROVAL OF ELECTION OFFICERS AND DESIGNATING POLLING PLACES FOR TIlE APRIL 9, 1968 GENEi~AL MI~.IICIPAL ~LECTiON Approval Hr;' Euif explained.~hiit 10 ~recinetshave been established f~r the of Election ..... e , t , 1 t f ic a i0,650 Polling registered voters t~ Serve within the precincts i.zhere they reside~ places It :was moved by Cou~cilm~it Burry; seaonded by C~anci'lman RObbifis, a~d carried unanimoUSly td approve the! list of election officers and poiiing ~laces for the 1968 General MUhictpal Eleatton~ PETITION REQUESTING STUDY P~E/D!TICIPATED I.IEST VALLEY JU}IIOR COLLEGE CAllPUS TRA}'FIC - ALLENDALE-FRUITVALE AREA. Mr. fluff reported that a petition has been received, si~ned by Petition approximately 150 persons~ including one sheet submitted at this for Allen- meeting, requesting a thorough traffic study of the impact of dale Ave. increased traffic on Allendale Avenue anticipated as a result of the Traffic Junior College cunstr/~ction. lie called attention to excerots from Study the 1965 l~ilbur Smith Traffic Study pertinent to this matter which was furnished for Council information. ~/ith no objection, ~layor Glennon referred the petition to the Public l~elfare Cou~lttee and asked that they review the request in the light of the studies that have been made and re~ort their recommendations back to the Council, SL%ff4ARY OF COUNCIL HINUTES - March 6, 1968 F, RESOLUTION NO. 36-B-96 Res. 36--B-96 Upon the recommendation of the Director of Public v~orkss it x.~as Tr. 4091 moved by Councilman Tylers seconded by Councilman ~obbinss and Acceptance carried unanimously to adopt Resolution No, 36-B-96, acceptin~ the & Bond streets in Tract 4091 and releasing the improvement bond no,ted to Kelease guarantee improvement, IV SUBDIVISIONS, BUILDING SITES AND ZONING REf~EST SDR-619 A. SDR-619 - THOMAS B. FRYER Fryer Final The City Clerk reported that all conditions of tentative building. Site site approval had been met for the second of Hr, Fryer*s two parcels approval on Saratoga Hills Road and it was moved by Councilman Hartman, seconded by Councilman Tyler, and unanimously carried to adopt Resolution No. 619-2s granting final site approval for Parcel B. }It. Hu,ff noted chat Mr. Fryer*s lots were located at the foot of Saratoga Hills Road near Reid Lane and Pontiac Drive and therefore required no reimbursement agreement for participation in other improvements. to Saratoga Hills Road, V PUBLIC HEARINGS , None VI ADMINISTRATIVE MATTERS A. ~L~YOR (1) ~iayor Glennon announced that the Inter~City Council would meet I.C.C. on V~irch 7 at Plateau 7 in San JOse and that the regularly Mtg. scheduled meeting Would be preceded By a 3{30 P. M~ Civil Defense program. (2) Mayor Glennon announced thats due to the resignation of. Eugene p.D.Lively O'Rorke from the Planning Commission to accept a DOSiriSh in appointed L~ 3~llas h~ ~Shed to submit a nominee ~o fi11 t~ unex~ired to unexpired term Of Mr. 0~Rorke. Tl~e Mavo~ then p~c~osed the nomina~i~n Planning ~.. of Mr. Phlll~ D; Liveiy and' stated that Mr. Lively is employed Cu~ission as Manufacturing ~{anager of the Ordnance Division of ?MC Corpora- term of tiun~ has resided with his family at 14710 Sobey Road since 1961 E~ O'Rorke and has a B. S. in En~ineering from Stanford University. It was moved by Councilman Hartman, seconded by Councilman Hobbins, and carried unanimously to appoint }it. Lively to the unexpired term of Planning Commissioner Eugene O'Rorke. The Mayor introduced Mr. Lively to those present and administered the oath of office. B. FINANCE (1) The Council reviewed the list of disbursements and Councilman Copenhaver Herman ~uestioned the progress of Copenhaver Construction Comvany Construction on the Village Parking District improvements. It was reported Co.- progress that the engineer of work has certified that a little over 50Z of Village of the work has been completed and Mr. Huff stated that since the Parking contract completion date of January 15~ 1968, the contractor has DisC.#1 been incurring a $50. per diem penalty. At this times it was reported, the 10~ retention of payment due adee. uately covers the penalties incurred. However, the Director of Public X.brks and ~Clty Administrator advised that care will be taken to insure that penalty charges.will continue to be covered. Mr. Huff stated that no extension has been requested and that no reason has been given for the contractors, failure to complete the project on time. Councilmam Hartman expressed strong criticism of the .~aontractor's non-performance and suggested that the $50. per day penalty was apparently not sufficient to cause diligent efforts on the part of the contractor. Under the circt~nstances Councllr~an · Hartman expressed his feeling that such contractors should be permanently dropped fram the city*s bid lists, and that positive steps be taken to avoid this type of problem in the future. -3- ~UI~qARY 0F COUNCIL ltINU~g - ?qarch 6s 1968 ~[ayor 61ennon stated that although he agreed that in awarding a bid, records of past performance must be taken into considera- tion, as well as the bid prices he did not kn~.y what additional legal steps could be taken to guarantee ;ood performance other than those already employed by the city. The Council and staff discussed the problem and the work which was dune to provide Christmas shopper perking which removed some of the urgency from the cityts consideratiun of calling the bund at that time, It vas agreed tiltit the pro.~ect will be watched carefully and every effort ~ade .to get the Job completed as soun as possible, ..i Approval of It was moved by Councilman Burry, secgnded by Counelhan Robbins, Bills and carried unanimously to approve the disbursements un the list .dated tfarch 6, 1968 and authorize that warrants be drmm in pay- ment for a total amount of $30,834,43. Quarterly (2) The Council received copies of a revised quarterly budget report Budget Report for reviev, C, COUNCIL CO~t~TTEES AND REPORTS (1) Hr, Huff announced that the Planning C~ission adopted a resolu- tion reco~mending the adoption of the Proposed Saratoga Ce~eral Plan, 1968, subject to modifications. contained in the report General accompanying the Planning Counissiun Resolution, It was moved Plan by Councilman Harman, seconded by Cotincilman Robb~ins, and 1968 carried unanimously to direct!the City Clerk to set the public hearingon.p~oposed revision to the C~neral Plan for 8:00 P, Ho un April 3,:, t968. The ~iayor asked that aa~h Councilman study the connnents from the Planning Coauntssion prior tO that time, (2) CouncilmaniT~l~r reported that the Public l~elfare Co~ittee met to consider the Planning Co~ission reCanmendatiun that the request' from: l~estbroOk resi~nts for Co~uencement of '~nnexatian ~/estbr0ok proceedings ~e approved, C,o~ncilman Tyler stated that the Annexation Committee Was inclined to act favorably on this request orovided Prospect R~a.d and bridge imprbvemants could be completed at no added 'CoSt !to the City. The Committees he contiuued~ feels strongl~ that the ai~tzens Of~ the area would be an asset to the city; Howeverl in vie~ bf a staff estimate: that' it would cost approximately $210~000 ~o improve the road, and the past Council pblicy of denying requests far annexation involving major imprOVement, .Councilmah'Tyler s~id that the Committee could not ~e~ommend ennexatia~ at this time. Councilman Tyler read portions of a letter fro:m ~4r. 0skar Thuruhers P~esident! of the BrOok~iew Hdm~o~ers -Improvement Association,, in which the residents ptop0S~ds as ah aiternate ~b denial, t~at formal annexatiOti p~oceedings be postponed udtil videoinS of this portinn of Ptospec~ Road bY the county~ - It was reported th~'t County representatives indicated that ~h~ County mould undertake to improve the road in the near future if the City of Saratoga and City of San Jose cooperate, In view of the unknown time period !nvolveds the Public l~elfare Co~mnit~ee reconnended that ~he request for annexation be denied, x:ithout vreJudice, and .. Considered by the Council at such time that the road and bridge have been improved. Councilman Tyler emphasized that if the Counnittee could be assured. that lmnrovement would be achieved within a limited time period, it ~ould recommend approval but that it did not fe~.! that future Councils should be com~itted on the basis of unknown 'time factors, Tb~ Co~lttee also recommended that the area be included as a part of the General SUNI4ARY OF COUNCIL M1}RVfES - }{arch 6, 1968 Councilman Robbins questioned whether,or not some more positive action might be taken at this time ~ithout binding future couneiiT. W~stbrook ¢ouncilman Tyler moved, seconded by Councilman Burry to accent Annexation the Public ~elfare Committee report and deny the request for annex'atlo~ at this time, without prejudice, and to approve the request at the time Prospect Road ~nd the bridge are improved, ~ir, OskariThurnher asked if th~ C~uncil would consider tabling the matter anti1 the road improvements are completed insmad of deny- ing the request, I.layor Gle~non suggested that the Council r~cess briefly to allow the students to leave at the scheduled 9 P, ~ and to allo~ IJestbrookresidents/to caucus, There being no objection, ~ayor Glennon asked whether any students wished to ask further questions relative to any of the items under discussion and, after brief clarification of i~sues discussed, thanked the students and Mi~. McGovney for their interest and declared a recess at 8:58. Council reconvened at 9:15 P, ?L and Mr, Thuraher expressed appreciation to th~ PUbliC l~elfare Committee and the suggested vote of cdnfidence expressed by the Council but reveated his request for a'continuance instead of denial, without prejudice, Councilman Robbins suggested that no action be ~aken at this time and. Counetimim Tyle~ withdrew his previously stated motion to deny, WithoutpreJddiCe at this time, C o unci 1 n~n- B u r r y ..' withdrew his ~$~cond and it then mov~ by Councilman. Tyler, seconded by Councilman Burry, and carried unanimously'~o accept the Conmittee report aS reworded to state ~that the CouOcli takes no action on the request for annexation at this time~ (3) cotmcilm~n'Ty~le~ repor~ that.. the ~ii~ l~elfare Connittee Res. 385-1 re~e~ed'~he"Cdpertino Sanitary Dist~ictss objectionS.to .the Amending 'laSt paragraph;on Page 2.of ReSolu~ibn No. 385~ rela~ing to Res. 385 rel0cation of~Utilitiesand ~ecomnenas deletiOn Of the paragraph. te sanitary in.quest~oa,!..T~a Gity;Attoro~y apDroved dele~{on of .~his district patagran~ whiC~ ~e e~piained co~stttbteS agreement b~ the service Sanitary' biS~r~ct tO ~0~ ly ]~"~h t~e pr0vision~ Of section ,, 13~19.1 ~f the:.Saratoga~ity ~ode ~S to installa~ionS ~.,ithin theCorp0~ate ~i~its of ~he ~l~y. It was moved~ by CO~cilma~ I~.artman~ secOnded by Cot£neil~an ,Tyler, and carried unanimouSl~ tO adop~ Regolution No~ 3~5-1~ deie~in~ the vatagfa~h set forth i~ the ~bmmitte~ r~por~ and i~ ~goi~t~on 385, ~s a~pted. lns~ (~) C6Uncilman ~U~f~rep0rt~d th~ ehe ~an~em~nt ~ommittee had program discusSan inS~rance prOgramS for the City but is no~ prepared tO submit e final reV6~t and ~ecommendltion a~ this time; (5) Coancilman Burry reported that he had artended the most recent ABAG'meeting, as the cityss official r~presentatives and he ABAG related to the Council the items discussed and action taken, ~leeting Discussion of the budget ~as deferred to the ~ay 10 meeting, Report he stateds and the major topic of discussion concerned the recent ombezzlement of agency funds, Action reported in this~ respect included a re-audit of a~ency accounts and emplolnnent of "hltorney to determine whether or not any other agency was partially ,~'to~blame, Councilman Burry stated that although several speakers expressed strona"reaction to theExecutlve Counittee's 'reluctance to assume'any ltabllitys the C~u~ittee members felt that they should wait until all the investigative processes are completed before submitting an opinion as to responsibility, -5- S~i}{ARY OF COUNCIL MINUTES - March 6, 1968 Councilman Burry stated that, on behalf of Saratoga, he had voted to support a sug~estion that the investlgative committee ABAG be comprised of persons uho are not currently members of the Executive Committee but that the motion failed. Councilman Burry concluded his remarks by reporting that the regularly scheduled election of officers was held and ]!r. Kinney, Supervisor from Alameda County was elected to succe~ President ~Iiller of San Jose, D, DEPART~IENT IIEADS AND OFFICERS (1) The Director of Public I~rks reported that improvements had SDR-725 been satisfactorily completed in connection with SD~-725 and it Bond was moved by Councilman Burry, seconded by Councilman Robbins~ release and carried unanimously to refund the cash bond posted to guarantee improvements. (2) Mr. Sbok reported that all deficiencies had been corected at Tr. 2965 the end of the one=year maintenance period by the developer Acceptance & of Tract 2965 and it was moved by Councilman Hartman, seconded Bond Release by Councilman Tyler, and carried unanimously to adopt Resolution Res.36-B-97 No. 36-B-97~ accepting the improvements and releasing the bond posted therefor, (3) Upon the report from the DirectOr of Public Works that all Res.36-B-98 deficiencies had been Satisfactorily corrected at the end of Accepting the one year maintenance period~ it was moved by Councilman Streets & Robbins~ seconded by Councitma~ Tyler~ and carried unanimously Releasing bond to adopt Resolution Mo. 36-B-98, acce~ting t~e streets and Tr. 4062 releasing the improvement bond posted to guarantee improvements in Tract 4062. (4) ~4r~ Shook~reported construction complete on T~act 3591 and Tr. 3591 recommended construction acceptance. 0~ motion of Councilman Construction Hartman, seconded by CouncilmanBurry the Council unanimously Acceptance accepted improvements in Tract 3591 for construction only, - ] (5) The Director of Public Works reported that at the last meeting Refuse of the Municipal Public Works officials the problem of refuse Disposal disposal was discussed and that members had been requested to Study poll their Councils to determine whether or not they would be willing to participate financially in a feasibility study of disposal methods. Mayor Glennon commented that this subject is currently under study by a number of agencies already and, with no objectio,~ he referred the question to the Public l.~lfare Committee with the recu~endation that the Committee investigate other sources of obtaining the needed information. E. CITY ADMINISTRATOR (1) Mr. Huff reported that the City Attorney had checked proposed Resolution No. 413, authorizing relinquishmost of a portion of Res. 413 Fruitvale Avenue to the County and ~r. Johnston stated that it Fruitvale Ave. was a standard procedure. It was moved by Ccuncilman Burry, relinquishmost seconded by Councilman P~bbins and carried unanimously to adopt Resolution'No. 413. (2) The City Administrator reported that he had received a memorandum from the Chief Building Official advising that the Fire ~arshal Building has requested c?op~ration in obtaining compliance with the City demolition- Code relative tQ structures located in Wildwood Park. The Fire Wildwood Marshal requires that ~he buildings either be brought up to Park Code or demolished. It was moved by Councilman Burry to Authorize the staff to demolish the two City o~med unoccupied -6- SU~4ARy OF COUNCIL MINUTES - ~arch 6, ,1968 buildings located in ~?ildwood Park.. Councilman Hartma~ asked if the occupied cottage should also be included for demolition and ~lr. Huff said that the occupied cottage is not subject to vandalism but that the other two. as well as the building owned by the Historical Foundation are subject to extensive vandalism and trespassing. He reported that the Sheriff's Department has indicated that the buildings attract undesirable persons and that activities conducted on these premises are a continuing source of police concern. Councilman Burry withdre~y his motion and the City Administrator was asked to determine from the Fire Marshal and Building Inspector whether or not all the buildings should be demolished. ~fr. Huff was also directed to contact Mr. Willis Peck regarding the Historical Foundation building. Planning (3) The Connell was advised that a Planning Process Y,;orkshop is Workshop scheduled for March 23 at the University of California extension at Santa Cruz. (4) The AdministratiVe Aide reported that the force account building maintenance p~ogram had been in effect for two months and that Building his ~xalysis of this.trial period indicates that the program is Maintenance practical and economically feasible. He recommended that the Program prog~ram be continued and that some maintenance equipment~ including a wsxerg be purchased. Mr. Eads notedJ however, that the $2500. budgeted for Youth Center maintenance is expected to cover only about one half the actual exnenses. After some Youth discussion~ ~{r. Nuff was directed to review the Youth Center Center agreement relative to:the amount and/or limitation of maintenance expenses costs for the Saratoga Youth Center. It wa~ moved by Councilman Burry; seconded by CounCilman Robbins and carried unanimously to c6ntinue the force account maintenance program on city property other than the Youth Center and review the overall program again in six months, with the resort relative to the Youth Center Agreement to be reviewed at the next Council meeting. (4) The Adminis~rative Aide reported that he had artended a Tax Reform conference in'Sacramento relative to tax refurm and that the Conference thrust seemed to be in the direction of a ta~ credit method whereby total local and state taxes could be credited against Federal incame taxes. Mr. Eads also reported that it was generally felt that it would be necessary to withhold State inc~e taxes so that payment for services required would not have to be delayed until the year was over. VII COMMLrNICATIONS A. I,~RITTEN (1) A letter from the Saratoga Union Scbol District relative to the Rerriman Ave. 11erriman Avenue extension was referred to the General Plan file Extension for consideration at the time set for public hearing. (2) The Council received copies of a letter from Mr. John Uilliams Willjams - relative to a drainage problem on Springer Avenue and the City Springer Ave. Attorney said that although he had not knol.m of this letter Drainage he had dictated a letter which answered the questions raised by Mr. ~illisms. (3) The Council acknowledged a letter fram~r. Phillip gaines of Rabies the County Health Department requesting cooperation from Control citizens of the'area in the annual survey currently being Survey conducted in the area as a rabies control measure. SUY~4ARY OF COUNCIL MINUTES - ~,~arch 6, 1968 B. ORAL (1) Mr. A1 Hanson, 13761 Dolphin Drive, commented regarding the Allendale petition for a survey of the impact of the 1.3est Valley Junior Avenue College to traffic in the Allendale Avenue area. .~lr./ ManSon Traffic quoted a number of enrollment projections as well as area plans Survey for major thoroughfares and collector streets and land use development. All of these factors, Mr. }!anson contended, indicate future traffic problems on Allendale Avenue that are a source of considerable concern to the residents of the area. }it. Hanson asked if representatives of his group might attend the committee meeting to be scheduled to discuss this matter and ~{ayor Glennon advised him that he would be contacted if he would leave the Clerk his telephone number. VIII ~DJOL~IE~ Mayor Glennonacknowledged, with pleasure, the presence of Planning. Commissioners McFall, and Johnson; Bob Lewis, representing the Good Government Group; ~irs. Dorothy Parker, who served coffee on behalf of the Good Governmsnt Group; and ~rs. Scharf ~ho was a Council candidate for the 1966 General election. It ~as moved by Councilman Eurry, seconded by Ceuncilman Tyler, and carried unanimously to adjourn the meeting at 10:10 P. ?{. Respectfully submit~ed, J. R~ I~jFF, CITY CLEP~'- -8-