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HomeMy WebLinkAbout10-01-1969 City Council Minutes SARATOGA CITY COUNCIL SUD4~ARY OF MINUTES TIME: Wednesday, October 1, 1969 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION Mayor Tyler called the meeting to order at 7:30 P.M. A. ROLL CALL Present: Councilmen Tyler, Dwyer, Sanders, Smith Absent: Councilman Robbins B. MINUTES Moved by Councilman Sanders, seconded by Councilman Smith that the minutes of September 17, 1969 be approved as printed and that the reading be waived. Carried and so ordered. C. Mayor Tyler announced the resignation of Mr. Robert Lewis from the Parks and Recreation Commission due to pressure of business, and presented for confirmation Mr. Norman E. Matteoni of 12601 Cambridge Drive,Saratoga. The Mayor noted that Mr. Matteoni had been a member of the Prides Crossing Homeowners' Association for three years. Moved by Mr. Smith, seconded by Mr. Dwyer for confirmation of the appointment of Norman Matteoni to the Parks and Recreation Commission. Carried unanimgnsly. Mr. Matteoni was duly sworn in by Mayor Tyler. II. BIDS AND CONTRACTS A. Architect's Recommendation for Time Extension on City Hall Addition Contract. TIME EXTENSION Mr. Huff submitted a recommendation from Warren Heid for a time extension CITY HALL of 24 days on the remodeling of city offices, due to several factors ADDITION as outlined in his letter of. October 1, 1969. Mr. Huff recommended approval of this extension. Moved by Councilman Smith, seconded by Councilman Dwyer that the request of the architect for a time extension be granted. Carried and so ordered.-New completion date is October 27, 1969. III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. RESOLUTION NO. 432-1 ADDITION OF Mr. Huff stated ~hat at the last me~ting the Council had approved a TWO STUDENTS report of the Policy Committee recommending an increase in the number TO PARKS & of members appointed to the Saratoga Parks and Recreation Commission RECREATION to nine, two of whom shall be students. The students shall be appointed COMMISSION in the following manner: One stuJent shall be appointed from Saratoga High School and one from either Westmont, Prospect, Lynbrook, or other High School artended by Saratogans.Moved by Councilman Smith, seconded by Councilman Dwyer for adoption of Resolution 432-1. Carried and so ordered. B. RESOLUTION NO. MV-19. A res61ution establishing restricted parking zones on Allendale, Harleigh Drive and Athos Place. 'RESTRICTED Mr. Smith referred to a report of the Public Welfare ComMittee dated PARKING ZONES October 1, 1969 concerning parking in and around the West Valley College IN AND AROUND campus area. The residents are complaining that students are parking WEST VALLEY on these streets while parking spaces on campus are not being used. COLLEGE CAMPUS The Public Welfare Committee recommends that parking be prohibited AREA on the north side of Allendale Avenue and on Harleigh Drive and Athos Place from 8:00 A.M. to 8:00 P.M., Saturdays, Sundays and holidays e~cepted, as requested by residents of the area. SARATOGA CITY COUNCIL MINUTES OCTOBER 1, 1969 In addition, it is recommended that no parking be permitted at any time along the south side of Allendale along the entire campus frontage. Mr. Smith pointed out that the college administration has indicated its approval of whatever parking restrictions are deemed necessary to encourage students to park in the campus parking lots provided. It is hoped that signs will be. employed that are consistent with the residential area. Moved by Councilman Smith, seconded by Councilman Dwyer for adoption of Resolution M.V. 19. Carried and so ordered. IV. SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS A. SDR-826 - Elgin Capital Co. SDR~8~6 Mr. Huff explained that this was an application for final site approval for FINAL SITE one lot on Big Basin Way, All conditions have been met except for filing APPROVAL of the Record of Survey Map. Moved by Councilman Smith, seconded by Councilman Sanders that Resolution SDR-826 be adopted subject to filing Record of Survey Map. Carried and so ordered. B. TR. 4477 - Stoneson Construction Co. TR. 4477 Mr. Huff reported that this request for Park & Recreation Fee Credit had ~PA~j~ come to the Council from the Planning Commission but had not been reviewed RECREATION by the Planning Committee. -~t[ght objection the matter was continued to the FEE CREDIT next regular meeting V. ADMINISTRATIVE MATTERS A. MAYOR I.C.C. Mayor Tyler reminded the Council of the I.C.C. meeting on October 2, 1969. MEETING B. FINANCE 1, Payment of Claims Mr. Huff called attention to Warrant #11492 payable to Jim Clarke, Inc. and stated that he had a memo from Mr. Shook indicating that there wereF two additional projects, one on Bollman Rd. and one on Belknap for which he had approved construction before he h~d been aware of the $500.00 limit on expenditures without prior Council approval. Mr. Shook also recommended JIM CLARKE, a change in the limit from $500.00 to $3,500.00 the upper limit for con- INC. struction projects which do not require formal bidding procedure. Mr. Huff recommended that this problem be referred to the Management Committee 1 for study and recommendation.. In response to a query from Mr. Sanders, Mr. Huff explained that the Clarke bill represents more than one project so the total does not actually exceed the limitation on projects which can be done under informal bidding or negotiated contracts. The two projects involved do require approval because each cost in excess of $500.00. Moved by Mr. Sanders, seconded by Mr. Smith for approval of Warrant Nos. 11442 to 11479 totalling $37,519.21 and that the Mayor be authorized to sign them. VI. PUBLIC HEARINGS - 8:00 P.M. A. U.P. 169 - George W. Day - Continued from September 17, 1969. Continuation of public hearing on appeal from Planning Commission denial of a Use Permit to allow a Model Home Sales Office on Lot 20, Tract 4548 at the north-east corner of Farwell Avenue & E1Puente Way. USE PERMIT Mr, Huff referred to letters from Mr. and Mrs. John D. Webster, 14766 ~ive MODEL HOME Oak Lane, and Mrs. Watson of 19670 Farwell Avenue, supporting the Planning SALES OFFICE Commission decision. GEORGE DAY / ! In reply to a question from Mr. Dwyer, Mr. Fsso .>stated it was the intention of George Day to sell the lots and build the homes, unless the lot purchaser wants to select another building. Mr. Sanders acknowledged the presence ofmany in the audience who had attended the Planning Committee meeting on Monday, September 22, including Mr. Faso and Mr. Panelli, representing George Day. The Planning Committee had also met with the Subdivision Committee of the Planning Commission to determine if SARATOGA CITY COUNCIL MINUTES OCTOBER 1, 1969 U.P. 169 - Continued there were additional factors which had not been considered. This Committee, considering all aspects, has made a recommendation to grant the Use Permit, subject to certain conditions, as follows: (1) No Real Estate Sales or negotiations shall be conducted from t he site other than those~exclusively for properties located within the subject subdivision Tract #4548. (2) No use of the premises as a construction yard, or for the storage of any materials, equipment or supplies. (3) No Administrative or Engineering functions shall be conducted from the site. (4) Illumination of the premises shall be limited to that which is comparable to a private residence. (5) Hours of operation for this Sales Office shall be daily between 10:00 A.M. until sunset only. (6) This Use Permit shall be valid for one year from the effective date of approval, or until all 20 lots are sold, whichever occurs sooner. (7) Provide adequate off street parking for employees and customers. (8) For the duration of the Use Permit parking is prohibited on Farwell Avenue along the frontage of this site. (9) That the use permit'will not become effective until the street is completed. (10) Applicant shall post a $2,500.00 bond with the City to guarantee compliance with the conditions. " Mr. Sanders p6i~t~d ~'~Et~r~a~ti~g of a' u~& '~m~ 'i~'~ ~{~%~e~ and that similar use permits have been granted in the past. Mr. Sanders also mentioned that a subdivider can have a model home without any permit or application being necessary whereas in order to have a sales office he must have ~ use permit. In granting a use permit the city can impose conditions and Mr. Sanders felt this provided a.positive control over possible abuses. i~drawing up the conditions noted the Committee has recommend[d a new condition that the subdivider pos~ a bond in the amount of $2,500.00 to be forfeited in the event any conditions are violated. PUBLIC HEARING OPENED AT 8:07 P.M. Mr. Ted Shebs, 19205 Farwell Avenue stated that he had artended the Planning Committee meeting and also the ~ublic Hearings before the Planning Commission. He felt that the Council had lost sight of the fact that the Ordinance states certain specific requirements that have not been followed. He quoted from Section 16.6 of the Saratoga Zoning Ordinance, and stated that no evidence had been submitted at any time he was present that this use permit, if granted, will comply with the requirements of this section. He felt rather itwould be detrimental to public health, safety and welfare. His major concern was the traffic.-\ problem that this would create and he felt that the proposed location as a sales office would be injurious to his own property because it will decrease in value during the time this sales office is located there. Mr. Shebs stated that he has been a realtor in the area for ten years; was a past president of the Los Gatos-Saratoga Board of Realtors; and was willing to testify that the operation of this sales office will decrease the sales values of the properties while it is in operation. He felt that the major appeal of this area is its quietness, rural atmosphere and lack of commercial activity. Mr. Tyler wondered about the question of a sales office vs. a model home and whether the residents felt there was a great deal of difference. He asked whether itwas more desirable to have a model home for a longer period ~ 3 - SARATOGA CITY COUNCIL MINUTES OCTOBER 1, 1969 U.P. 169 - Continued rather than a sales .office for a shorter period. Mr. Shebs replied that a model home is basically not as objectfonable under the conditions of having no administrative or sales functions. He pointed out that Mr. Day has an office located two minutes away from this particular subdivision. Mr. Smith asked whether Mr. Shebs knew of an analgous situation where a home in a tract dropped in value due to th~ location of a model home'sales office. Mr. Shebs responded in the affirmative and referred to a particular tract where the house immediately adjacen~ to the sales office had been the last one to sell and had sold for $1,500.00 less than similar homes in the same tract. Two years later this same home sold for $2,000.00 more. In response to a questlob from Mayor Tyler concerning an increase in traffic, Mr.. Shebs stated that with proper advertising Day could expect 50 to 75 families to visit the sales office each week-end. He did not feel a model home would generate as much traffic because the sales office would be located elsewhere. He estimated traffic at about 50% less, Although be felt that an Open House at a model home would generate some traffic he felt that it would not attract sub-contractors or people conducting business. Mr. Sanders stressed the fact that the city could enforce the conditions if a use permit is issued but that no such restrictions are required for a model home. One of the conditions is tha~'we are not permitting administrative or engineering functions. Mayor Tyler pointed out that the more the Council had delved into this situation the more they felt they would be'doing a disservice to the peOple'who live in the area by denying the sales office subject to certai~ conditions. Mr. Panelli, Attorney for the Applicant, stated that Mr. Shebs was objecting to a construction office and that Mr. Da~ was not proposing to house a construction office in this model home~ which wo~ld be furnished with $25,000.00 worth of furniture. He stated .that there would be no sub-contractors at the model home except for those asking directions. They propose to h~ve this furnished model home manned by 2 salesmen to handle the people who come to see this model. He pointed out that this can be done without a use permit. He explained that George Day was asking for a model home for 2Q lots.' When these are gone, there will be no further use for the.mOdel home sal~s office. He also asked that if Council denied the use permit to Mr. Day that his competitors also be denied such use permits. Mr.C~Cummins, Farwell Avenue stated that Atheron, a community very similar to Saratoga, had an ordinance prohibiting model homes or sales offices. He suggested that the Council adopt a similar ordinance for Saratoga, He referred to the July · 28, 1969 petition in opposition to a s.ales office on Farwell Avenue, Mr. Cummins then referred ~o Staff Report re UP 150~George W. Day dated June 10, 1968 con- a o e ~me Sales office on Allendale. The conditions cerning a use permit to allow m d 1 h imposed were similar to those recommended by the Planning Committee for UP-169.' He nbted that the model home sales office is still in use; that a ten~ton dump truck with a trailer attached and a load of lumber was parked in the front yard this morning; and that one of Mr. Cum~ins' neighbors had entered the home and found the following: desks, adding machines, drafting tables, engineering tools and accoutrements. He stated that this was~ in fact, a construction and engineering office. Mr. Cummins stated that althohgh failure to cpmply with these conditions should have resulted in revocation of the permit, no revocation or withdrawal had occurred. Further, the yellow pages of the phone book listed the Allendale location as the George W. Day Construction Offi&e. Mayor Tyler pointed out that Council this evening were considering the denial of the Planning Commission application for use permit. The violation on All~ndale is an entirely different matter and was only brought to the attention of the Mayor on the previous day. Prior to this no.one on the council or on the staff had been advised of these violations. The Committee has now reviewed the situation and recommended ~he bond requirement. Mr. Shebs pointed out that a photograph taken at 11:00 aom. this morning showed six vehicles, mostly pick-up trucks, delivering and picking up engineering data - 4 - SARATOGA CITY COUNCIL MINUTES OCTOBER 1, 1969 or supplies, tools and so forth. He' stated that it was a valid assumption that this would happen on Farwell if the .residents do not prevent it. Mr. Cummins further suggested a trip up to Athe~ton to review their Ordinances in this regard and said he would rather see.a mod~l home under a stringent set of. controls than a sales office. Linda Douglas addressed the Council ~and expressed appreciation for the time and effort they had taken in this matter. She felt that her neighbors had raised serious questions. They had 'pointed out flagrant and frequent violations on the part of George Day. and she felt strongly that he should have an open house or model homewithsalesmen, but no sales office. Derek Gardner, Farwell Avenue stated his opposition to commercialization in residential areas, with agreement from Mr. Watson, also a resident of' Farwell. Moved by Mr. Smith, seconded by Mr. Sanders that the Public Hearing be closed. The Public Hearing closed at 8:55 p.m. Mr. Dwyer, who li~es on Farwell stated that it was important that everyone separate this ~ssue from Several other issues. He .pointed out that during the last ten days two letters have been distributed in the neighborhood. He quoted from one "The City Council seems to feel'an urgent need to be solicitous about George Da's y rights but not quite so solicitous about our rights. Is this City being run for the be'nefit of the citizens and taxpayers 6r for George~=Day? It was apparent at the Hearing that the Attorney for George Day had dbne som~ effective preliminary work with some members of the Council". Mr. Dwyer stated that it was his understanding and belief that nobody on this council had talked with Da's George y attorney except at the Public Hearing and th~ conu~ittee meetings attended by residents and representatives of George Day. He continued that GeorgeDay%s rights were not given any more consideration than anybody else's but stressed that his organization does have rights. He referred to his previous involvement in the campaign against West Valley College'particularly in regard to George Day's sale of land to the college and noted Mr. Panelli to be a man of impeccable integrity. In response to a question as tb whether Mr. Day would discontinue building if not granted a use permit, Mr. Dwyer replied that he felt the sales office would probably expedite development. Mr. Smith stated that there was a balance between the residents and their legitimate ,desire to keep the area r~sidential and quite; and the legitimate desire on the part of George Day to have a sales office to sell the development as it goes on. Many questions had been raised particularly about the activity that is to take place. The conditions were drafted accordingly and Mr. Smith felt very strongly the the conditions are hard ones but fair. They will protect Da's the interest of the residents and atrthe same time give vent to George y legitimate desire to sell land. He felt that this was consistent with the zoning laws and not detrimental to public health or welfare. He did not think the Allendale issue was related to this request and added that'it will be necessary to enforce conditions imposed when a Use Permit is granted. He suggested that the Council reverse the Planning Commission action. Mayor Tyler stated that he was convinced that in the best interest of the citizenry George Day should be givenla sales office under the controls which can then be imposed. : Mr. Dwyer conm~ented that there seemea to be a continuing problem with enforcement and wondered whether this was a staf~ problem. He asked whether we could assure these people ~hat these requirements will~ indeed be nf c d e.ore . In response to a question from MayorTyler,'Mr. Walker explained that in most cases when violations have been brought to the attention of staff, they have been abated. It has taken time and dsually by the time a model home sales office operating in violation becomes abated the sales office is no longer necessary. Usually the staff is informed of violations of this type through complaints from neighbors, however, they are usually neighbors who have bought - 5 - CITY COUNCIL MINUTES OCTOBER 1, 1969. U.P, 169 - Continued homes from the subdivider. When staff is informed of a violation, they investigate the situation and verify that it is indeed a violation then the developer is notified of thp violation and given a reasonable period of time to abate it. If it is ndt abated, the city either sends a second notice or refers the matter to the City Attorney. Mr. Walker added that the process coul~ sp~dgd'~up Dut[pointed out that the situation on Allendale had not been a problem to the residents the~e to date. The staff will follow this up and if Mr. Day is in viSlation he will be notified to abate the violation. PUBLIC HEARING RE-O~ENED AT 9:22 Upon re-~pening the Public Hearing the Mayor requested that only new issues be brought into the hearing. Mr. Cummins inquired as to what~should be done by residents on Farwell if this Company does violate the use permit. What actidn or control will the City Council recommend? Mr. Smith respgnded that if vioiations' do occur, the City would move toward enforcement. Mr. Cummins suggested that the ~ouncil continue this hearing to another t.ime while they con'sider how to enforce the conditions of a use permit. He offered his assistance in this regard. Mayor Tyler Stated that it appears that we do have 6he ability to take quick action but it is seldom that viqlations are brought to the attention of city staff. Mr. Sanders pointed out thatweZcould not pass a law which would apply to this situation today. The problem is that we do not have.all.these standards, reguiations and ordinances that are clear. Oftentimes we must originate a procedure. In ~e dase' of Farwell Avenue, one of the hold-ups was the undergrounding of utilities~ I. Mr. Cummins asked whether there ~ere any laws now in existence that Council could have used to prevent this .from happening on Allendale and, if there are such laws, why were they n6t, persecuted for doing so? Mayo~ Tyler reiterate~ that the Council had only found out about these violations the previous day and how that they have noted their existence they did have the machinery to djo something about it. Mrs. Pat Acker asked about the original intent for these twenty acres and Mr. Faso explained that their intent is to sell the lots and build on the~; if a client feels their price is~ not right, he Can go to another builder. There was a question as to whether or not the roads would be' completed if a use permit were granted and Mr. Sanders explained that the hold up in the road completion was due to the underground utilities and the P.G. & E, and not the fault of George Day. Council agreed w'ith a recommendation that the sales office not be opened until! the streets are completed. There was a question regarding the time limit of one year and Kentfield was cited as an example where a timellimit had not been adhered to. The Mayor explained thatin the case of Kehtfield there had been no public objection to time extensions. In response to a question regarding the private road, which is not up to City standards, Attorney Johnston stated that if it is a private right-of-way the owners can block it off and the city can't do anything about it. With,regard to a question concerning the amount o~ the bond in relation to the value of the property, ~r. Sanders explained that the bond had to be a reasonable amount or the courts could not enforce it. Mr. Sanders did not '- 6 - CITY COUNCIL MINUTES OCTOBER 1, 1969 U.P. 169 - Continued feel that-a model home sales office would be more detrimental than a model home as far as property values being affected. Although we are working on a new policy it cannot be applied to pending applications. The general problem seems to be connected with road conditions. Mr. Phillip E. McMullin I9990 Bell~a Vista Drive felt that if George Day has not followed restrictions on previous occasions that it was unlikely he would do so now. Ross Dorse, Farwell Road, who. is in the paving business~ stated that the road had not ~een properly maintaihed during the construction of these homes. Mr. Arnold Acker, Wild Oak Way questioned the showing of plans at the modet home and Mr. Walker felt that show,ing plans of rooms or elevations would be the normal function of a sales office. However, the drawing of such plans for a particular client would be an administrative or engineering function. Moved by Mr. Smith, seconded by Mr. Sanders that the Public Hearing be closed. Carried and so ordered. Public HeRring closed at 10:25 p.m. Moved by Mr. Smith for adoption of: Resoldtion 503 with the addition of Condition.=~9 that the use permit will not become effective until the street is completed and 3#10 requiring that applicant shall post a $2,500.00~ bond withI the City to guarantep compliance with the conditions. Seconded by Mr. Sanders. Carried and so ordered. Mr. Tyler stated that he believed that the city had been negligent in enforcing use permits. He pointed out that he could understand that if a subdivider could see that violations are not being enforced, he might continue, for his own convenience, to yiolate the use permit. He added that there was a great deal to be desired in our ordinance but he felt the Council had a great deal of understandingof'what things bother the residents when these things come to light. MEETING R~CESSED AT 10:35 P.M. AND1RECONVENED AT 10:50 P.M. B. GENERAL PLAN R/ZVIEW . Mayor Tyler opened the continued Public Hearing on the General Plan at 10:55 P.M. 1. Wilson Petition WILSON Mr~ Sanders referred to a Planning. Committee report dated October 1, 1969 PETITION concerning the Wilson Petition which requested Low Density designation on the General Plan of the area on the north side of Pierce Road between the medium density area and Foothill Lane. The Planning Committee felt that no change should be considerad in the densit~ designated on the General Plan until it is demonstrated that a satisfactory plan can be made to guide development. Mr. Wilson expressed pleasure and thanks to the Committee and stated that he accepted their report. Moved by Councilman Dwyer,.seconded by Codncilman Sanders to adopt the report of the Planning Committee. carried and so ordered. 2. Park Element-of~neral Plan PARK ELEMENT Mr. Huff referred tb the following,correspondence which had been received in OF GENERAL ]connectionwith~ the Park. PLAN ~ Letter from the League of Women Voters supporting the need for a central park. b) Letter from Miles Rankin questioning location of pathway or designated. buffer zone and requesting relocation in conjunction with'P.G. & E. right-of-way. CITY COUNCIL MINUTES OCTOBER 1, 1969 . Park Element of General Plan - Continued c~ A series of questions proposed by Mrs. Jack D0 Hoffman, 14571 Horseshoe Drive. Mr. Higby presented a map outlining. the park element of the General Plan and explained that the purpose of the p~esentation is to try to bring together the 1968 Plan, the report by the Parks Consultant and the review by the Planning Commission. Mr. Smith questioned why~ the Planning Commission had not included alternate sites in Areas 4, 5 and 6o : Mr. Walker explained that it was th~ Planning Commission's feeling that the first priority sites, particularly in the northern part of the Cit~, should be designated on the General Plan. They felt it was too .far reaching or unnecessary a program to designate all the various alternate sites on the General Plan. They felt the Generai Plan of 1968 proposed a reasonable parks and recreation plan. They also felt that the elongated central park proposal , in the 1968 plan.would suffice with~development of neighborhood parks and also in conjunction with what was available at West Valley Junior College and other school sites. They did not think it was necessary to create a central park in the area which Mr. Beck had suggeSted. Mm. Higby stated that members of the Planning Commission feel it is appropriate to have a park area in this triangle while Mr. Beck shows what can be done.with a 20-25 acre site. Mr. ~wyer explained that the gore was a real headache to the Planning Commission because they feel that ~ piece of property cannot be developed into anything except a park. He added that it was a beautiful potential piece of greenery. Wildcat Creek Area The~e were a large number of residents present from the Wildcat Creek area and a great deal of discusslob centered around the General Plan Committee recommendation for a revision in the area shown as 7-B-1 to.reduce the width somewhat to form a broad meandering ,strip from the Los Gatos- Saratoga Road to Douglas Lane and, also, to extend this strip along Wildcat Creek to connect .with the park area now shown on the .General Plan. This would provide a meandering, natural park from SaratOga-Los Gatos Road.to the Civic Center- Youth Center-Saratoga Road triangleL Apparently there was some misunderstanding as there are two different sections of Wildcat Creek under discussion - the eastern segment traverses a large a~ount of developed!private~property whereas the western section is mainly undeveloped. Mr. Beck's pl an recommended a twenty~ acre site along the Herrimam extension or a 25 acre site between Herrimam and Douglas (Area 7-A-l). The Planning Commission recommends against this and recommends return to the 1968 designation of park area, The other recommendation by Mr. Beck (Area 7-B-l) was the five acre site along Wildcat Creek. The Planning Commission recommendation is for a narrower strip tO be acquired along the creek'. Mayor Tyler informed the 'people in attendance that the Pathway System study has not been completed as yet and is presently under study by the Parks and Recreation Commission so it is not possible to come to any decision regarding pathways at this time. However residents attending the meeting were very' adamant in 'their · desire to discuss the pathwaysissue. at this evening's meeting, and had drawn up a petition, signed b~ 48 citizens.urging that the pathway proposed on the General Plan as it now appearsbe eliminated.. Several factors were brought into a heated discussion including invasion of privacy, safety factors, fire threat, drug use, wild life preservation_and provision. for bridle trails. Mr. Hoffman, Horseshoe'Drive addressed' the Council. He stated that although he 'was not directly affected he did not'see how it was possible to consider acqui'sition of these five acres unless pathways were considered. CITY COUNCIL MINUTES OCTOBER 1, 1969 VII. C. COMMITTEE REPORTS 1. Resolution 504 RESL'N 504 On motion of Councilman Smith, seconded by Councilman Dwyer, the HIGHWAY 17 Council unanimously adopted Resolution 504 supporting Los Gatos' request for study of alternate routing for HighwayiT. 2. Abandonment Proceedings - S~a~ull Way, SEAGULL The Management Commietee recommended that Mr. Galeb be asked to ABANDONMENT pay the cost of abandonment proceedings which he requested on Seagull Way estimated to be $35.00. Councilman Sanders so moved, seconded by Councilman Dwyer. Carried unanimously. 3. Wildwood Park WILDWO0~ The Management Committee recommended that the Planning Director be PARK PLAN instructed to develop a plan for Wildwood Park. Mr. Dwyer moved, Mr. Smith seconded that Mr. Walker prepare this plan. Carried unanimously. 4. Mr. Smith brought up the problem caused by a barking dog on Paseo Floras. On the motion of Mr. Smith, seconded by Councilman Sanders the Planning Director was asked to make a report of this matter at the October 15 meeting. Carried unanimously. D. DEPARTMENT HEADS AND OFFICERS 1. SDR-758 SDR 758 Fir. Huff presented Mr. Shook's memo ack6owledging,satisfactor~ BOND RELEASE completion of the work done in connection with SDR 758 and rec- ommending release of the $2,500.00 bond. Mr. Dwyer moved, Mr. Sanders seconded that the bond be released. Carried unanimously. 2. Im r t Tract '~_ p.0vemen s - 4~508 TRACT 4508 Based on Mr. Shook's memo Councilman Smith moved, Mr. Sanders CONSTRUCTION seconded that the improvements in Tract 4508 be accepted for con- ACCEPTANCE struction only. Carried. E. CITY MANAGER Mr. Huff recommended temporarily hiring Mr. Michael T. Matherly to ~ f !Fper orm drafting work on the proposed GoLf Course Plan. With no objection the Mayor so ordered. VIII. COMMUNICATIONS A. Written RESN. 505 1. The Council adopted Re'solution 505 giving strong support for PT. REYES completion of acquisition at Point Reyes National Seashore. FIRE DISTRICT 2. The Saratoga Fire District letter regarding the activity of the LETTER Fire Marshall was returned to staff for study and response. PROSPECT- 3. It was noted that the Prides Crossing letter concerning the MILLER proposed Miller intersection had been referred to the Director of Public Works for study. JAPANESE 4. It was noted that a meeting was scheduled for October 17 for the CULTURAL Mayor and representatives of the Parks & Recreation Commission to GROUP discuss with Bishop Nippo Syaku his proposal for formation of a Japanese cultural group and expanding utilization of Hakone Gardens. · - 10 - 'CITY COUNCIL MINUTES OCTOBER 1, 1969 Park E~ement of General Plan - Continued Anthony Grcich, Mendelsohn Lane, who is on the Planning Commission for the County of Santa Clara pointed out that there has been ~vidence lately · of tha need for additional law enforcement in connection with pethways along creeks. He felt there was a point of safety involved. Roberta-Savage of Merribrook Drive felt that,Saratogans should have a central park site. Mr. Arnold Acker wondered about funding for this park plan. Mr. Goldman .of #2 Quail Acres commented that any trail would probably be washed out during the rainy season. Mr. Dwyer noted that this was the first opposition the Council has encountered to the Trails program. Mr. Fred Buechner~ 19915 Bells Vista Drive reiterated a request that the pathway along Wildcat Creek be deleted from the General Plan. Mrs. Katherine Dully, Parks and Recreation Commissioner, lsuggested that any residents or groups of residents interested in pathways contact her at any time and expressed her~ willingness, as Chairman of the Pathway Committee, to meet with them. She also stated that there would be a meeting,of the Parks and Recreation Commission on Monday, October 6 to which the public is invited. She pointed out that the Parks and Recreation Commission meets the 1st and 3rd Mondayof each month and is interested in all ideas and connnents. Moved by Mr. Smith, seconded by ,Mr. Sanders that any decision on Area #7 VbVd~err~until a decision has been made regarding the pathway system and that the matter be referred to the Planning Commission. Carried and so ordered. Mr. Pete Pasetta suggested a pathway along San Jose-Los Gatos Road down to the village. Dr. Louise Overacker, representing the League of Women Voters, made a special plea for the inclusion of a large central park somewhere in the vicinity of the present Civic Center. She felt that a large central park was a necessity and would offer facilities for active recreation as well as picnics,.etc. She suggested a park similar to Oak Meadow in Los Gatos and stated that such a park was included in the 1960 General Plan as well as the 1968 General Plan. She also referred to the letter from the League of Women Voters. Several other people, including Mrs. Marjorie Ottenberg and Miss Nancy Clark also spoke in support of the large central park with adequate recreation facilities'fo?'~youth as recommended by Mr. Beck. It was suggested that the northernmost corner of the property at the Saratoga-Fruitvale intersection and a strip along,each street frontage be designated as landscaped pathway area to insure attractive development of this important area and that the central park development recommended by Mr. Beck be incorporated into the General Plan. Mayor Tyler expressed his strong feeling that the proposed 20-25 acre community park could be acquired at no capital cost to the city through revision of the zoning ordinance to provide for development of smaIler ~ots and open space dedicated to park use in which total density would not exceed the density permitted in the existing R-1 40,000 Zoning District. It was moved by Councilman SanderS, seconded by Councilman Smith to refer the central park problem to the Planning Conmission for further study with particular attention to the Beck proposal developed as envisioned by Mayor Tyler :and the new suggestion that a small portion of the gore corner of the Saratoga-Fruitvale intersection and the street frontage of the corner property be designated as landscaped ?athway area; and to refer to the Planning Commission for further. study and, possible\incorporation into the General Plan the lower priority park sites recommended by the Parks and Recreation Commnission. The hearing was continued to October 15, 1969 at 8:00 P.M. and was closed for the evening at 12:55 a.m. CITY COUNCIL MINUTES OCTOBER 1, 1969 CO~UNICATIONS - Continued 5. Mason Shaw's letter re Quito Road Bridge south of Bieknell was referred to the Director of Public Works to advise Mr. Shaw of status and steps being taken to improve ~he situation. B. Oral None VIII. ADJOURNMENT Meeting adjourned at 1:10 a.m. after Mayor Tyler acknowledged the presence of Mrs. Wilberdi~Iof the Good Government Group at the very end of the meeting. Respectfully submitted, Huff City Manager