HomeMy WebLinkAbout08-07-1968 City Council Minutes SARATOGA CITY COUNCIL
SU}~MARY OF MINUTES
TIME: Wednesday, August 7, 1968 7:30 P.M.
PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue,
Saratoga, California
TYPE: Regular Meeting
I ORGA NIZATI ON
Ii~yor Pro-tem Tyler called the meeting to ~ der at 7:35 P.M.
A. ROLL CAlL
Present: Councilmen Tyler, Robbins, Smith, Dwyer
Absent: None
B. MINUTES
It was moved by Mr. Robbins, seconded by Mr. Smith and unanimously
Minutes carried to approve the minutes of the July 17 meeting as written.
Mr. Robbins moved for approval of the minutes of the special meetirE
of July 22, seconded by Mr. Smith, and carried unanimously.
C. RESOLUTION NO. 442 - RECOGNITION OF THE VALUED CONTRIBUTIONS
OF II~YOR KENNETH R. HART~N TO THE FOR/~TION AND IMPLEMENTATION
OF THE GOALS OF THE CITY OF SARATOGA DESIGNED TO PF®SERVE AND
E~{ANCE THE NATURAL BEAUTY OF THE CITY'S SETTING
Nayor Pro~tem Tyler read the resolution commemorating the
Res. 442 outstanding services performed on behalf olf~the City of Saratoga
Recognition by the late Mayor Kenneth R. Hartman who had served on the Council
of out- from September 28, 1960 until his death on July 18, 1968. Council-
standing man Robbins moved the resolution, Councilman Smith seconded, and
services, Resolution No. 442 passed unanimously. mr. Tyler directed that
Nayor K.R. a copy of the resolution be delivered to the members of the Hartman
Hartman family.
D. ELECTION OF NAYOR
Councilman Robbins nominated Councilman Tyler to succeed the
late Mayor Kenneth R. Hartman as mayor of Saratoga, Councilman
Smith seconded the motion, which carried unanimously.
Council- Nayor Tyler thanked h'is fellow OounDilmen for the honor bestowed
man Larry upon' him, saying that he would do him best in the office, and that
he felt most keenly the duty to foll~the example set by his most
Tyler capable predecessor. He praised in.~rticular ~r. Hartman's con-
elected
Mayor of tributions and awareness of trees, Which he ~had helped to conserve
Saratoga by the hundreds~=~and noting that it was'a~ong Mr. Hartman's achieve-
ments to plan four lanes for Highway 85, as weil ae,,to donate some
70 of the trees planted along the Los Gatos-Saratoga road, in addi-
tion to working as hard as anyone in .their actu~k planting.
Mr. Tyler also recounted a little known incident, in that ~r.
Hartman had been instrumental in preserving a large oak on Herriman
Ave. by requiring a bend in the road near the bridge, and that one
day in passing the site, he had walked up to the tree, kissed it,
and said, "You're welcome, baby]"
Notion The Nayor then called for a motion to authorize the Staff to
authoriz- purchase an oak~fOr plan~ingt in the Civic Center as a fitting
ing memor- memorial in honor of the late Mayor Kenneth R. Hartman.
ial oak in
Civic Center Councilman Smith so moved, Councilman Dwyer seconded,~'and the
honoring motion to plant a memorial oak tree in honor of Kenneth R.'Hartman
Mr. Harman passed u~animously.
E~ APPOINTMENTS
Mayor Tyler then introduced a series of appointments, as deter~
mined by the Council at its executive session of July 22, 1968.
l) Council
Mr. Tyler introduced the name of James C. Sandemto fill the
james C. unexpired term of Councilman-Hartman, to April, 19'70..", noting that
Sanders Mr. Sanders had resigned from membership on the State Republican
appointed to Central Committee to qualify for the nonpolitical position on the
Council, Saratoga City Coun0il.
to April, Councilman Robbins nominated, Councilman Smith seconded the
!979 nomination of James C~ Sanders to fill the unexpired term of the
late ~ouncilman Kenneth R. Hartman, and the nomination carried
unanimously. Mayor Tyler delivered the oath of office, and Mr.
Sanders took his place on the Counci 1.
2) Planning Commission
Resignation Nayor Tyler said that he accepted with pleasure the resigna-
C
of Mr. Kasnertion of Jerry Kasner from the City PlaDning 'ommiss~on only because
from Plan- Mr. Kasner was going to devote his time and talents to the City
ning Commis- Parks and Recreation Commission. ~he Mayor introduced the name of
sion Mr. Henry J. Eraus. as successor to fill out the unexpired term
of Mr. Kasner on the Planning Commission, a term running to January
Henry J. 22, 197~, citing Mr. KrausJ~ service on the General Plan Committee
Kraus_ ap- as one of his qualifications for appointment. Mr. Robbins nominated
pointed to Mr. Krausa to the Planning Commission, Mr. Smith seconded, and the
Commission nomination carried unanimously. Mr. Kr~us~fwa~,S~orn'.lnto OffiCe
Ma~or Tyler.
Mr. Robbins 3) Councilman Smith nominated Mr. Robbins to serve as vice-mayor
elected of the City of Saratoga, and Mr. Dwyer seconded the nomination,
vice-mayor which carried unanimously.
4) ~yor Tyler listed the names of nominees to the newly formed
Park & City of Saratoga Park and Recreation Commission; for two-year terms
Recreation he named Jerry Kasner, Mrs. William T. Duffy, Jr., Cole Bridges, and
Commission Jeptha A. Wade, Jr., and for one-year terms, Dougla~ M..Adams, Mrs.
named. Rose Aberle, and Robert Lewis.
Councilman Robbins moved the nominations of these citizens for
appointment to the Saratoga Park and Recreation Commission, Mr. Smith
seconded, and the appointments carried unanimously.
Mayor Tyler announced he had asked ~r. Wade to serve as tem-
porary chairman for the first organizational meeting of the CommissiOn
on August 19, 1968, in the City Hall conference room at 7:30 p.m,
when the Commissioners would confer with Staff members. The
first and third Mondays of each month were set as the regular
meeting date for the Park and Recreation COmmission..
Mayor Tyler commented that the new Commissioners had a very
important task to fulfill, and both he and Councilman Robbins said
that Saratoga was very fortunate in having so many citizens who
were willing to devote effort on behalf d the City.
II. BIDS AND CONTRACTS
A. SARATOGA CAMPUS ASSESSMENT DISTRICT - Change Orders No. 12,13,~
Change City Administrator Huff explained that:Change Order No.
Orders No. would enable installation of a storm drain on Fruitvale Ave. for
12, 13 & drainage of a subdivision, with cost of installation and incidentals
14 - to be paid by the subdivider, Ceorge Day Construction, Inc. to the
Saratoga City, for a total of $5,876Jg-
Campus Change Order No. 13 would provide screen planting and irrigation
Assess. adjacent to the Junior College site along the southerly property
District line, a~ a total added cost of $10,819.OO
Change Order No. 14 would provide an opening in the Fruitvale Ave.
'median as promised to the owner of a driveway at the location,
with no increase in contract cost.
Councilman Robbins moved, Councilman Smith seconded, and the
Council unanimously approved acceptance of Change Orders No. 12, 13
and 14, Saratoga Campus Assessment District.
- 2 -
B. TRACT 4102 - OVERSIZE STORM DRAIN REIMBURSEmeNT AGREEMENT
Reimburse- Director of Public Works Shook requested the Council to.authorize
ment- reimbursement to Davis and Moos for their pro rata share as agreed
Tract 4102 for installation of an oversize storm drain in Tract 4102, for
oversize the amount of ~2,603.85.
storm drain Mr.'Robblns moved payment of the agreement for $2603-85, Council-
man.Smith seconded, and the motion carried unanimously.
C. AGREEMENT~TOrPURCHASE FRUITVALE AVE.~RIGHT .OF!WAYtFROM:. ..'.'~
R/W purchase '{ LEONIE T. KERWIN
agreement,
Fruitvale Ave. Mr. Huff asked the Council to approve purchase of a right of way
Parcel No.6- land strip needed for widening Fruitvale Avenue from Leohie T. Ke~dn,
L. Kerwin, for the sum of $1,450.O0. The grantor had previously given right
grantor of entry on the property, but an~agreement on the price had Just
recently been reached, said Mr. Huff.
Councilman °mith moved,. Councilman Robbins seconded, and the
Council unanimously approved the agreement.
D.VERDE VISTA IMPROVEMENT PROJECT
1) Report of Bids
Verde Vista Mr. Shook stated that five bids had been received, of which
Improvement the bid at $48,742.52 from R.J. Zipse Go. Inc. was the lowest; there
Project was however, an error on the bid summary, in w~ich .50~ had been
Bid summary extended as if it were ~5~, and that actually the extended price
was really correct, in line with the figures of the total bid.
A review of the actual bid sheet notes used by the company in making
its calculations also showed that.the .50~ figure was a patent error,
made in transcription from the original to the final bid form sheet.
2) Property Acquisition Agreements
Mr. Huff said that four property acquisition agreements from
Verde Vista property owners of land needed for the Verde Vista Improvement
Improvement Project ha'~ been obtained, and were ready for approval by the Council.
Project- He listed the agreements: Parcel No. One, Woolley; ~arcel No. FouF,
Agreement re Saratoga Horticultural Foundation, inc.; Parcel No. Seven, Truman;
four parcels and Parcel No. Nine, Orlando.
Nos. 1, 4, Councilman Robbins, noting in view of appraised prices and
7 & 9 escape clauses, he found the agreements satisfactory, moved acceptance
of the four property acquisition agreements as listed; Councilman
Smith seconded, and the motion carried unanimously.
E. STREET PESURFACIhD
Mr. Huff explained that a schedule of street resurfacing had
Street been prepared in accordance with the $60,000 allocated in the 1968/69
RePairslf='~. budget, and that he asked Council approval of the schedule so that
authorized the work could be put out for bid. He explained that the type and
to be put cycle ~ treatment depended upon usage, traffic, and condition of
out to bid the affected streets. He added that if there was a rise in prices
from those calculated, one or more streets could be eliminated from
the bids without penalty.
Councilman Robbins moved, Councilman Smith seconded that the
Staff be authorized to go for bids on street resurfacing as listed
in the schedule, and the. motion carried unanimously.
F. AGREEMENT WITH CAMPBELL UNION HIGH SCHOOL DISTRICT - PROSPECT
ROAD I~.~ROVEMENT
Interim City Attorney Faber L. Johnston, Jr. reported that an agreement
Agreement had been reached with Campbell Union High School District regarding
re Prospect improvement of Prospect Road fronting the school site, and that
Rd. Improve- this interim settlement, in confection with the litigation that had
merit with been initiated, was designed to obtain construction of the road
Campbell in front of the school, and that it would all~v future ultimate
H.S. Diet. decision by the Court regarding distribution of costs to either the
City or the District.
Mr. Johnston summarized the background to the problem, stating that
the Planning Commission had required as one of the conditions to
site development that the District create a 60-foot half-street
along the entire frontage of the school. property on Prospect Road;
that the District,had demmured on the grounds that the State Alloca-
tion Board had a policy whereby when a ~ity requires a school distri~
to improve a street, the Board will fund the costs if it approves;
but, if not, it may allocate a lesser fund~ and the city would have
to use other funds, such as the gas tax fund.
The City of Saratoga had taken the position that the lesser improve-
ment offered by the School-District was based only upon an overall
policy stated some years back by the Allocation Board, which had not
~ctu~lly, -physically- met in session on this particular street
improvement matter. This position was taken by the City in answer
to the action filed by the Campbell School District through the
CoUnty Counsel's Office.
Mr. Johnston praised the cooperation of ~r. Lee Stevens, County
Counseled.representing the Campbell School District, in reaching this
interim agreement, whereby the Distr_ict would put in the 60-foot
half-street, toward which the State Allocation Board would lend
$25,300. This agreement would permit installation of a satisfactory
street now, and from the standpoint of good public relations, and
traffic control, Mr. Johnston recommended that the interim agreement
be adopted.
Comnty Counsel Stevens, speaking from the audience, said that the
matter would probably be agendized by the State Allocation Board
within the next 60 to 120 days.
.Mr. Johnston stated that if the City lost the lawsuit, it would still
be liable for the difference in cost,- 6nly the cost of putting in
the additional 30 feet of the 6C-foot half~street, and that the ad-
vantage still lay in the fact that a standard'street, built to the
required width, would be already available, and in use, as a
practical matter.1 He added that the City wo~ld be in a sense, making
a trade, in that the bulb turn-around asked for by the Planning
Commission, - a cul de sac that would overlap the School's ball field,-
Prospect Rd. would be exchanged for a road in an 'as built condition'- a situation
imp'vment- which he considered to be a fair trade.
Council
approves Councilman Robbins commented that the road was needed, that it was
interim a matter for negotiation, and that he thgught Faber had done a
agreement- good ~ob. On that basis, he moved the Council accept the agreement
Campbell, as outlined by Nr. Johnston between the City and the Campbel~ High
High School School District, Mr. Smith seconded, and the motion carried unanimously
District
III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS
A. ~ESOLUTION NO. 443 - AUTHORIZING CONVEYANCE OF TELEPHONE
Res. No. EQUIPI~ENT AND APPURTENANCES
443 approved
City Administrator Huff explained that this resolution would
transfer ownership of 799 feet of conduit and four service boxes
from the City to the Pacific Telephone & Telegraph Company in
connection with work to be performed in behalf of Village Parking
District No. l, for~undergrounding lines on Fourth Street.
Councilman Robbins moved, Councilman Smit~ seconded, passage of
Resolution No. 443 and the vote in favor of the motion was unanimous.
B. RESOLUTION NO. 444 - AUTHORIZING CONVEYANCE OF ELECTRICAL
Res. No. 444 EQUIPMENT AND APPURTENANCES
approved
Mr. Huff explaine~ that this resolution would enable underground-
ing of electrical conduit lines under Fourth.St., again in connection
with Village Parking District No. l, the same project as described
for the preceding resolution.
Councilman Robbins moved, Councilman Smith seconded, passage of
Resolution No. 4#4, and the vote in favor of the motion was unanimous.
- 4 -
C. RESO~JTION NO. MV-16 - ESTABLISHING STOP INTERSECTION,
MONTEWOOD DRIVE AT QUITO ROAD
Adoption of
Res. ~-16 Mr. Huff explained that passage of this resolution would
require all vehicles on Montewood Drive to stop before entering
Quito Road.
Councilman Smith moved adoption of Resolution No. ~-16,
Councilman Robbins seconded, and the resolution wad adopted unanimous4
Res. No. D. Nayor Tyler ~suggested it might be appropriate to carry over
SDR-532-~, to the public hearing:Resolutions No. SDR-532-2, No. SDR-557-2,
SDR-557-2, and No. SDR-221-2, since all were related to the hearing on
SDR-221-2 the Verde Vista Improvement Project.
moved to Councilman Smith moved.that these resolutions be considered as
public hear- a group during the public hearing, Councilman Robbins seconded,
ing and the motion carried unanimously.
IV SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS
A. RESOLUT~0N-NO~ SDR~6~2~i~.=_GENO CASTELID BUILDING SITES
Adoption Nr. Huff said all conditions had been met, subject to bond,
of Res. No. and he recommended adoption of the resolution approving two
SDR-652-1 building sites on Montalvo Road for Geno Castello.
G.Castello Nr..Robbins moved adoption of the r~solution, Nr. Smith seconded,
and the resolution was adopted unanimously.
B. P~SOLUTION NO. SDR-652-2 - T.G. TENBRU~ELER BUILDING SITE
Adoption Mr- Huff said this was one of the three parcels included in
of Res. No. the tentative map location, and was the same overall location
SDR-652-2 on Montalvo Road as Nr. Castello's sites, just approved~ and
T.G. Ten- the conditions were the same.
brummeler Mr. Smith moved adoption of the resolution, Mr. Robbins seconded,
and the resolution was adopted unanimously.
C. RESOLUTION NO. SDR-659-2 - J.J. PON BUILDING SITES
Adoption of Mr. Huff sai~ all conditions had been met f~ the five lots on
Res. No. Verde Vista Lane and he recommended adoption of the resolution.
SDR-659-2 Councilman Robbins moved, Councilman Smith seconded, and the
J.J. Pon resolution was adopted unanimously.
D. RESOLUTION NO. SDR-7OS-1 - O.L. SOULEg BUILDING SITE
Adoption of Nr. Huff reported that the applicant had performed all work
Res. No. required and there was no bond requirement, and that he
SDR-705-1 recommended adoption of the resolution approving the building
O.L. Soulee site on Saratoga Avenue for Mr. Soulee.
Councilman Smith moved adoption of the resolution, Mr. Robbins
seconded, and the resolution was adopted unanimously.
E. RESOLUTION NO. SDR-765-1 - GEORGE W. DAY CONSTRUCTION. CO.
Adoption of Mr. Huff recommended ~option of this resolution, dependent upon
Res. No. compliance with the three conditions listed,including cost of
SDR-76~-i improvements on Allendale, submittal of receded parcel m~p,
G.W. Day Co. and obtaining a city driveway encroabhme~t permit. He added that
the tentative map for the lot had been filed in June.
Mr. Robbins moved adoption ~ the resolution granting conditional
final site approval to the George W. Day Co. for one lot on the
corner of Harleigh Drive and Allendale Avenue, ~r. Smith seconded,
and the resolution was adopted unanimously.
F. RESOLUTION NO. SDR-739-1 - WELLS FARCO RANK
Adoption of Mr. Huff recommended adoption of this resolution, dependent upon
Res. No. applicant's agreement to comply with the street improvements as
SDR-739-1 required, secured by cash or surety bonds for $2,300.00 and also
~ells-Fargo upon filing approved improvement plans and record of survey.
In response to Nay~r~Tyler's question, Nr. Huff responded that
the condition~ had been set by the Planning Commission.
Mr. Robbins moved adoption of the resolution granting conditional
site approval to Wells Fargo Bank on Saratoga-Los Gatos Road,
Nr. Smith seconded, and the resolution was adopted unanimously.
- ~ -
G. C-80' REQUEST TO ADD ADDITIONAL NEW USES TO LIST OF USES
PERMITTED UNDER CONDITIONAL COmmUNITY COt~RCIAL ZONING - NEALE
Mr. Huff explained that Mr. Neale had applied for some additional
Approval of uses at Neale's Hollow, and that the Planning Commission had
C-80, allowing approved adding a poodle grooming salon as being compatible
added use for with the conditional community commercial zoning uses already
poodle groom- granted Nr. Neale. The other uses for offices were already
ing salon to compatible with approved office uses now existing, but that as
conditional notedin the reports from Nr. Walker, the Commission recommended
uses at denial of a tea room addition on the basis that private off-
Neale's Hollow street parking would be required. Mr. Huff said he recommended
acceptance of the Planning Commission report, and that the only
Council action necessary was approval of the poodle grooming salon
use.
Councilman Dwyer said he had been present at the hearing before
the Commission, and believed there was nothing to be added to
the report. Mr. Smith moved that the Council approve the added
use for the salon as stated in the Planning Commission report,
Er. Dwyer seconded, and the motion carried unanimously.
V PUBZIC HEARINGS
A. VERDE VISTA INPROVENENT PROJECT
Nayor Tyler declared the public hearirg open at 9:10 P.N.
Verde Vista
improvement Mr. Huff reviewed briefly the background for the project, saying
Project - that the Verde Vista Improvement District had gone through the
Public petition and formation stages to the point that the Council could
Hearing consider the actual cost bids, opened last Nonday~ He said that
the project was a cooperative project, whereby the City would pay
two-thirds of the cost, and the property owners would pay one-third
plus dedicating all necessary rights-of-way. The City participation
wasbased on recognition of the fact that Verde Vista now served
general traffic, and should be brought up to city select system
standards, thus qualifying for gas tax funds.
~Ar. 'Ph!~l _ Assaf, representing the bondi~ attorneys, stated that
resolution of intention to o~der acquisition and improvements had
been duly ~noticed by mailing and posting as required, end that
affidavits were onfile in the City Clerk's Office, as was the
Comment road ass~essment diagram. He said that now was the time to hear ·
by Nr. Assafarguments for or against the project, and that any written protests
bonding must have been on file bef~ e 8:00 P.M. of this day. He also noted
attorney that the error mentioned for the R.J. Zipse Paving Co. bid where
fifty instead of five cents had been written on the bid was merely
~a patent error; that the bidder's work sheets submitted on the day
of bid opening showed that the bid extension had been done on the
basis of the five cent figure, and was in line with the other bids
made on the same item. Therefore, ~he mistake was a patent error,
and it was perfectly obvious that it did not change the bid total.
In answer to Nayor Tyler, Nr. Assaf said that the findings necessary
for establishir~ the low bid were contained in the resolution.
Report by Director of Public Works ~hook explained in detail the spread
Mr. Shook, . of assessments for the Verde Vista Improvement Project and the
Public nature o f the improvement; although the city was not in the
Works Direc- assessment district, it would contribute two-thirds of the cost
tor- spread ~f construction and construction incidentals. He reported five bids,
64 52 to
of assess- ra.~gir~ from $ ,'707. $48,742.52, as compared with the
ments, bids engineer!s estimate for the construction contract of $53,154.50.
He reported a table showing the reduction in proposed assessments
between the original spread as estimated, and the final proposed
spread based on actual bid prices, for the ll parcels involved.
Nr. Shook said that the City's share of the project would amount
to approximately 42-43 thousand dollars, representing 2/3 of the
construction costs, plus some incidentals, of about $9~00. The complete
text oE Mr. Shook's report, as presented, is shown in Exhibit "A" attached.
Nayor Tyler asked if any letters~of protest against the project
were on file,.and Mr. Huff said there were none. The Nayor then
invited questions or comment from the audience, but no one spoke.
6 -
Councilman Robbins moved that the public hearing on the Verde
Vista Lane Project be closed, Councilman Smith seconded, and
the vote was unanimous on the motion. Nayor Tyler declared the
public hearing closed at 9:35 P.N.
(2) RESOLUTION NO. 445 - OVERRRULING PROTESTS ON RESOLUTION CF
INTENTION No. 34#, AS AMENDED.
Res. No. 445
s, dopted Councilman Smith moved adoption of Resolution No. 445, Council-
man Robbins seconded, and the resolution was adopted unanimously.
(3) RESOLUTION NO. 446 - RESOLUTION ORDERING REDUCTION OF ASSESS~ENTS,
Nr. Assaf explained that this resolution would authorize the
Res. No. spread of individual parcel assessments in accord with the findings
446 reported by Nr. Shook, with the revised figures showing an overall
adopted reduction as listed, from the preliminary figure of $51,875-00 to
the final spread of $50,272-00.
Councilman Robbins moved adoption of Resolution No. 446, Council-
man Smith seconded, and the resolution was adopted unanimously.
(4) RESOLUTION NO. 447 - RESOLUTION AND ORDER ADOPTING ENGI~ER'S
REPORT, CONFIRMING ASSESSMENT AR~ GRDERI~ THE WORK AND
ACQUISITIONS.
Res. No.
447 Nr. Assaf said that this resolution would authorize a~complish~
adopted merit of the work as described in the engineer's report, including
confirmation of the assessment and any required property acquisition.
Councilman Smith moved adoption of the resolution, Councilman
Robbins seconded, and the r~solution was adopted una~imQusly.
(5) RESOLUTION NO. 448 - RESOLUTION OF AWARD OF CONTRACT
Councilman Robbins commented that he had no doubt the error in
Res. No. the low bid submitted by the Zipse Paving Company was only an
448 incidental error, and inquired if there was any doubt of their compe-
adopted tence to do the job, and on time. Mr. Shook replied that he had had
previous experience with them, and found them to do work acceptable
in progress, and in processing their work. Nr. Assaf reported that
the resolution contained a $50 daily penalty clause if the work was
not done on time, in addition to the lO0 percent faithful performance
bond. Councilman Smith moved adoption of Resolution No. 4#8, Council-
man Sanders seconded, and the resolution was adopted unanimously.
(6) RESOLUTION NO. 449 - RESOLUTION DESIGNATING CO~L~CTI ON OFFICER
Res. No. Mr. Assaf explained that this was the standard form and procedure;
449 Cedn~ilman Robbins moved adoption of Resolution No. 4~9, Councilman
adopted Smith seconded, and the resolution was adopted unanimously.
(7) RESOLUTION NO. 450 - RESOLUTION AUT'HORIZING EMINENT DO~IN
PROCEEDINGS.
Adoption of:
Res. No. Mr. Shook reported that right-of-way purchase agreements had
450, been obtained from all but two of the property owners involved in
8DR-532-2= the project, and that one of the two had already granted right of
SDR-557-2, entry, but that he had no present knowled6e about the single remain-
SDR-221-2 irg parcel. ~r. Assaf explained that this resolution would authorize
the city attorney to file proceedings to gain immediate possession.
Nr. Assaf added that now would be the appropriate time to adopt
Resolutions No. SDR-532-2, SDR-557-2 and SDR-221-2, accepting the
offers of dedication from J.j.Pon, F.A. Luksetich, and J.G. Truman
on Verde Vista Lane, respectively.
Councilman Robbins moved adoption of Resolution No. 450, and of
Resolutions SDR-532-2, SDR-557-2, and SDR-221-2; Councilman Smith
seconded, and th~ ~/eso!utions were adopted uanimously.
-7 -
B. ORDINANCE NO. NS-3.16 - ORDINANCE C~NGING C-S.CO~i~ERCIAL SERVICE
DISTRICTS TO C-V VISITOR-CO~E~ERCIAL DISTRICTS AND PROVIDING NEW
AND DIFFERENT USES THEREFOR
Mr. Huff explained that this was the fiNst introduction of the
introduction proposed ordinance, hthat it had been prepared in accordance with
of Ord, No. the intent stated in the 1968'General PLan,'and had received
NS-3.16 public hearings before the Phnning Commission. He'ad~ed that
there ~ere several letters on file, one ~sking that printing
houses be permitted in the C-V zone, and'another asking that all
present C~S services should be permitted in the C-V zone, and
another from Nr. Tumlin who was present in the audience to
represent Mr. Neale of Neale's Hollow on the matter.
Mr. Johnston explained that this was'the first reading 6'f the
proposed ordinance bef~e the Council, and that the entire ordi-
nance need not be read aloud at this time, ~/Ionly the title,-
if that was the desire of 'the Council.- Nr. Smith moved to read
only the title, and waive reading of the entire ordinance;~l~ i-~'.
~,I , Nr~ Robbins seconded, and the motion carried unanimously.
~Yor Tyler read aloud the complete ordinance tAtle, and declared
the public hearing open at 9:5~ P.N.
Nr. Johnston explained t0 Nr. Neale and his attorney Mr. Tumlin
that the ordinance did not fezone areas, it only changed uses
permitted in such places and locations, and that therefore any
property not now in a C-S zone would not be in the proposed C~V
zone~ noting ~hat ~r. Neale's. property ~..~ zon~d'-~c0nditiona!~ ....
COmm~i~y~ ~om~&rcial'~, and would not therefore.be included in
the new C-V classification.- The proposed ordinance merely changes
regulations applicable tO~the single large parcel on Highway 8~-
Once this ordinance becomes effective- 30 days after passage by
the Council, the Council could initiate proceedings on its own
motion to fezone other areas, or it could wait for petitions from
owners, and then rezone oldster areas as it found appropriate.
CouncilmanRobbins moved,~Cou~cilman Smith seconded to clgsen~.
the public hearing. In the absence of any objection, Nayor Tyler
~glo~dlY the public hearing at lO:12 P.M. and referred the
matter to the Planning Committee for study.
VI ADMINISTRATIVE ~TTERS
A. ~AYOR
(1) Mayor Tyler appointed members of the Council to the
management, planning, policy and public welfare committees, and
~ayor's to represent the City on the I-CC, Transportation Policy, Sanitation
Appoint- District No. 4, A.B.A.Ga~dPlanning Policy~Committees, and to.the
merits to County Water Commission.
Council (2) Mr. Tyler reported on the Planning Committee Report on
Committees SDR ~77, s@ying that the NilJeviches two years ago had contemplated
devlopment, but hadn't proceeded with it, and were now requesting
Report on return of inspection and storm drain fees. He said the committee
SDR ~77 recommended return of the'fees, but that the City should not abandon
the road dedication offer.
Councilman Robbins moved adoption ~ the report, Councilman
Dwyer seconded, and the report was approved as read.
(3) The Nayor acknowledged the letter ~ condolence on the
death of late P~ayor Kenneth Hartman received from the administration
and board of trustees of West Valley College.
B. FINANCE
Councilman Robbins moved, Councilman Smith seconded, authori-
Bills zation for the Mayor to sign warrants for disbursements totalling
.- $37,726.47, and the motion carried unanimously.
C. COUNCIL CO~ITTEES AND REPORTS
(1) Councilman Smith reported the Public Welfare Committee
- 8 -
~, .,, 'fi~di~gs~: on Cit~Oolice protection problems,~aying that the final
~olution would not be ready until the study being conducted by
Chief Ball and his consultant was completed on.traffic an~ pa~ki~g
problems, on the impact of the College, and the rise in. the burglary'
Addition rate. In th~ interim, the committee wa~ recommending employment of
of one one additional full-time deputy from the Sheriff's department-t0
sheriff's concentrate on Saratoga law enforcement and traffic p~ohlems, pending
deputy for completion of the study. ,-
~-hour wk. . ~r. Narro~ of the Sheriff's Department asked if the coverage would
on interim be for 40 or 44 hours per week, and that 44 hours would help with
basis for scheduling. Mr. Huff stated that budget funds were sufficient for
City police the 44 hours. Mr. Smith added that the officer so assigned would
protection also periodically report to the City Administrator.
approved Councilman Smith moved adoption o f the recommendations contained
in the Public Welfare Committee's report on police protection. His
motion was seconded by Councilman Robbins, and the motion carried.
(2) Councilman· Smith reported from the Public Welfare Committee
findings on the Austin Way intersection, with a recommendation that
Austin Way a deceleration lane and a right angle turn replace the existing
Hwy 9 turnoff. Councilman Robbins said that he had originally been skeptical
Intersec- about the proposed solution, but now considered it advisable because
tion of road speed problems, and also 'because the State Highway people
change found the solution to be appropriate. The work would cost approxi-
approved mately $2300 of which Dr. Forbes and other area residents would pay
$875, a figure within the ~ iginal guideline suggested.
Councilman Smith moved, CoUncilman Robbins seconded approval
of the Public Welfare Committee recommendation for changes at the
Xustin Way intersection with Highway 9, and the motion carried
unanimously.
D. DEPARTMEntS HEADS A~,~ OFFICERS
(1) Planning Director W~lker said he had nothing to reportZ
Release of (2) Mr. Shook asked the Council to approve release of the $540.00
bond for faithful performance bond posted for SDR-500 since the developer
SDR-500 J.R. Johnson had completed all improvements and corrected all defi-
ciencies. Mr. Robbins moved release of the bond for SDR-500, Mr.
Smith seconded, and the motion carried unanimously.
Mr. Shook reported that bids for repair of the curb and gutters
Seagull on Seagull Way had been received, and that Guerin & Olmsted submitted
Way curb- the low Bid of $1530.00, as compared with the $2,O00 tentatively s~t
gutter re~';in the budget. In response to the Nayor's question regarding cause
pair of the settling of the curb, mr. Huff said there may have been one
authorized or several causes, anywhere from incorrect design to wrong staking,
but it was impossible to say whicb. Councilman Robbins moved, and
Councilman Sanders seconded authorization of the low bidder, as
named ~o proceed with the necessary repairs and the motion carried
unanimously.
E. CITY ADMINISTRATOR
Organiza- (1) Mr. Huff presented the list of organizations in which City and
tions employees were active, plus training courses attended. Mr. Robbins
Said the list was impressive and asked for totals of manhours and
dollars involved. Mr. Huff said he would make an estimate.
Wildwood (2) Mr. Huff summarized in a memo the current situation on the pro-
Park Lake posed Wildwood Park Lake in reference to the Flood Control District,
stating the main item of disagreement was the question of who should
pay the pump tax. He said that he had two recommendations to make:
that Elood Control De directed to design the proposed bridge to
preserve the existing redwood tree adjacent to the Parker professional
building, and thatl the Council indicate what lines should be discussed
with the District regarding the pump tax payment.
Councilman Robbins moved approval. of staff recommendation regarding
positioning of the Fourth Street bridge, Councilman Smith seconded,
ar~ the motion carried unanimously. Councilman Robbins said he
would attend the next meeting ~f the Flood District Directors and
check out the problem of the pump tax.
9 -
(3) Mr. Huff referred to his memo summarizing the problems concerned
with parking at the Youth Center, asking for Council reaction to the
question of whether the City staff should prepare engineering plans
for the improvements listed, and the extent of City participation
for the overall parking plan.
C~uncilman Robbins suggested that planning in reference to the
overall design of the Civic Center and preservation of trees be
referred to the Parks Commission. Mayor Tyler said one immediate
Youth problem was keeping cars outof muddy areas in the coming winter
Center and that the Planning Committee had considered recommending laying
Parking down of oil and screenings or some other inexpensive, temporary way
to take care of some parking, at least.
Planning Director Walker noted that the master plan as shown on
the sketch had been approved in general by the Planning ~ommission
which was also concerned about future park development.
Nayor Tyler asked how much staff time would be required to do the
engineering on the Youth Center Parking, and Mr. Shook said it might
be 10 days or two weeks, depending upon how much information was on
hand for topographical considerations. The Mayor commented that it
; would seem to be appropriate for the City staff to do the work of road
design, especially on the front of the parking lot, to save as many
trees as possible, and in the absence of.objection, Mayor Tyler
directed that the City Staff design the road, and refer the b~!ance
of the problem to the P~rks and Recreation Commission, as one of
their first considerations.
VII CO~UNICATIONS
'A. Mr. Huff reported on the letter of August 7, 1968 from the PG&E
Verde Vista regarding relocation of gas facilities on Verde Vista Lane in
Lane -gas connection with realignment of the street, and cofistruct~on of
facilities storm drains. The charge of $590.80 was chargeable to the City for
relocation two-thirds o f the cost, and one-third to the newly formed assessment
district.f:r
Councilman Robbins moved, and Councilman Smith seconded that the
relocation of gas facilities on Verde Vista Lane costing $590.80
be paid on the cost distribution noted_~y Mr. Huff, and the motion
carried unanimously.
B. Mr. Huff noted for information only, two stop notices entered
against Copenhaver Construction Co. in connection with Village
Parking District No. 1.
VII ADJOURNmeNT
Mayor Tyler thanked Mrs. Moss of the Good Government Group for
serving coffee during the Council's recess.
Councilman Smith moved adjournment, Councilman Robbins seconded,
and the meeting adjourned at 11:24 P.M., after Mayor Tyler acknow-
ledged the presence of Planning Commissioner Charles Smith, who
had artended the Council meeting.
Respectfully submitted
· ~
'~.~.~C/fty Clerk