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HomeMy WebLinkAbout11-01-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME WeHnesday, November 1, 1972 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777. Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION ." A. ROLL CALL Present: Councilmen Bridges, Diridon, Dwyer, Kraus and Smith Absent: None B. MINUTES It was moved by Councilman Dwyer and seconded by COuncilman Diridon that the minutes of October 18, 1972, be approved. The motion was carried. C. PRESENTATION OF TREE -- ' · ~ Eric Larson, President, Saratoga High School, announced that the Chamber' of Commerce Interact Group and the Saratoga Youth Center organized a bike ralley for the purpose of purchasing-another oak tree to replade'the one that was removed on Saratoga Avenue. He presented the tree and $40,85, as a donation to the City of Saratoga. II. BIDS AND CONTRACTS A. AGREEMENT FOR PLANNING SERVICES The City Manager recommended that this' matter be postponed to the nex6 regular meeting. It was moved by Councilman Dwyer and seconded by Councilman Kraus that this be re-~gendized for the next meeting of November 15, 1972. The motion was carried. B. AGREEMENT WITH MANAGING GARDENER FOR COMMUNITY GARDEN. It was moved by Councilman Dwyer and seconded by Councilman Kraus that the. City be authorized to enter into an Agreement with Mr. Haynes. The motion was carried. C. CROP AGREEMENT - GEORGE WIGHTMAN Councilman Diridon moved that the Agreement with Mr. Wightman for maintenance of 11.42 acres of real property on Saratoga Avenue be approved,'subject tb the City Manager's securing of a provision which will allow for cancellation- of the agreement if the property is developed; Councilman Bridges seconded the motion and it was carried.'-. D. REFLECTORIZED MARKERS - ~ARIOUS ~ITY STREETS The C~ty Manager indicated that three bids were received for.this ~ontract, ranging from $5,402.40 to $7,599..50. It was moved by Councilman Di~fdon and seconded by Councilman Dwyer that the Contract be awarded to J.F. Hourigan Company for the low bid of $5,402.40. 'The motion was carried. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 643 - Resolution ReqUesting Services of County Registrar for 1972-2 West~rook Annexation Election It-was moved by CoUncilman Kraus and Seconded by Councilman Dwyer that Resolution No. 643 be a~opted. The motion was carried. B. RESOLUTION NO. 509~2 - Resolution of ~the City. Council of Saratoga Amending and Superseding, Resolution No..509-1 Establishing Compensation ~nd'Benefits ObjeCtives for the City o.f Saratog~ The City Manager explained that this resolution would amend Resolution 509-1, in that it 1) defines.benchmark class.es, 2) modifies the role of the City Manager in the meet-and-codfer proces. s. Councilman Dwyer moved that Resolution 509-2 be adopted. Councilman Diridon seconded the motion, and it was carriled. C. RESOLUTION NO. MV-50 - Resolution of .the City of Saratoga Prohibiting Parking at Any Time Along the Curve at the .Southwesterly Corner of Saratoga Avenue and Park Place The question arose as to whether or not the area in which parking should be prohibited should include the front~g~ along the Appleby property, extending the area beyond~.the 190±~f~e~F'~6~i~l~iE~d?in the resolution. It was the erminat~on of the ~iih'fh~operty 'owne~,~-Mr~.-~l~B~.-a~'~e~ ~ ~Y~X~'~:~utar m~eti~g. det IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-951 SANTOS APARICIO, SOBEY ROAD It was moved by Councilman Kraus and seconded by Councilman Bridges that Resolution No. SDR~951-1, granting final building site approval, be adopted. The motion was carried. B. SDR-983 JAMES A. HENDRY, CANYON VIEW DRIVE It was moved by Councilman Diridon and seconded by Councilman Bridges that Resolution No. SDR~983-1, granting fipal building site approval, be adopted.. The motion was carried. V. PUBLIC HEARINGS A. CAL WEST COMMUNITIES, INC., SARATOGA AVE. Mr. Walker, Director of Planning,'exp!ained that this is a request for change of zoning from "A" (Agricultural) to !'R-M-4,000" (Multi-Family Residential) for the second phase of the Vineyards development, just north of the railroad tracks~and fronting on Saratoga Avenue to the east. He indicated that the request is being made to allow for the orderly development of the properties, and the Planning Commission has recommended that the zoning be approved. The public hearing was opened at 8:20 P.M. Mr. Clark, ate originally they were '1 entitled to R-M,3000 density, b~.~e.t~ [~_ to 4,000 density. Councilman Dwyer moved that the public hearing be closed; Councilman Dwyer seconded the motion and it was carried. Councilman Kraus moved that the application for this change of zoning(C-159) be approved; Councilman Dwyer seconded the motion and it was carried. B. NOISE ORDINANCE The Mayor advised that there have been revisions made to the previous ordinance draft, namely Section 8-82 (b); Section 8-87 (b) i (c) and (f); and Section 8-911 He then declared the public hearing open at 8:25 P.M.' Mrs. Joyce Sogg, attorney representing A.C.L.U., indicated that she has spoken in opposition to this ordinance in the past. She indicated that in looking through the ordinance, the changes which she had hoped to see were not there, and it still leayes open potential harassment bf citizens. She does not feel that someone who is exercising their right to speak should be penalized. · In addition, Mrs. Sogg indicated that there is still no "emergency" provision which w6uld allow the President to speak on less than 15 days notice and that it ~ould seem to her that a separate action for acquiring a permit under these circumstances should be ins~[~d~'S~~. felt that this section should specifically state that the City Manager would establish clear guidelines for him to act upon in emergency situations. Mr. Diridon commented that he thqught the Council' had come to the con- clusion at the last meeting that !Section 8-88, Exception Permits, would be applicable for issuing a permit in less than.15 days. M~s. Sogg indicated that she felt the ordinance should address itself to the matter at hand. Councilman Dwyer inquired if the opening sentence in Section 8-88 ~Duld provide for the City Manager to use his judgement. Faber Johnston, City Attorney, indicated that if the second line in Section 8-88 were to bestruck, this would allow the City to i. ssue a permit within the 15 day limitation. Councilman .DFyer moved that the public hearing be closed; Councilman Bridges seconded the motion and it was carried. Mayor Smith commented that t~e Cit"y ~eally feels timid about approaching people on their property. He indic'ated that we have "robbed" much of this ordinance from Palo Alto, and the staff feels that as a last resort, this ordinance could be used. He further indicated that the City would attempt to ~is__.~o..%~_~.nu_cm~an basis,_ and_~i.~f,~as_ia__ last resort, we are forced to Councilman Diridon commented that he was very encouraged to see the amount of citizen =~input on this ordinance and that there was no opposition from the public. He felt that the City needs to go into this very slowly. Mr. Diridon then moved' that Ordinance 38.49 be approved with the change to eliminate the second sentence in Section 8-88; Councilman Bridges seconded the motion, and it was carried. C. C.A.T.V. FRANCHISE <~,~"' Mayor Smith advised that this matter is continued from the meeting of October 18, 1972. He then asked if there were any comments from the council before opening the public hearing.~-'Th~'~bl'i~h~a~lng~s.~p~ned Dr. Phillip Jacklin indicated that he was not clear as to whether or not the council was going to ~'f~ei~a~i~,'.d~' a franchise, a~ well as make a selection tonight. ~i~ ~eferred"d0 the four constructive proposals which he had presented at the Co~ittee of the ~ole Meeting and indicated ~hat he has done some further research on the proposals since that time. He indicated that h~has turned up some additional information regarding, the Joint Venture proposa~ dich reveals - 3 ~ the system doesn't operate the way he thought it did. He did indicate, however, that he would like to maintain his other proposalSregarding the 10% gross receipts tax to provide for an office in Saratoga, whereby any citizen w~o wished to~us~et~ publiVeliness channel could receive assistance. This 10Z gross receipts tax woui~ be used to educate the c~t~zen on use of the facilities and provide 'nformat'on o~t~i~~am. ".T~i~s 10% amount would be in effect d~ring th~ peri~d'~f~He~~fl~=~d it would be reduced to 3% during the period of positive cash flow, thu~ allowing some .profit for the franchisee. MrT Beyer, City Manage~r, indicated that it washis understanding that the State Law limits the gross r~ceipts taLx to~% for General Law cities, of ~ich Saratoga would be included. ~. Jacklin indicated that he hadn't been aware 'of this law and that he would give the mattersfurther cq~sideration. ~'~Robert Willjams,~ representing Co~unication~System~,_ Inc. indicated th~ ~n reading through some'~f'Che'prio~'~rre'~pondence, he has sensed a feeling ofqueation concerning the financial resources of his client. He con- ti~ued by saying that hehas a letter from the. City Manager indicating .that his client~s application was dismissed because his f~nancial. resources were not sufficient. ~. Willjams indicated that he ~uld like to resolve any doubts in this area by the f~llowing information: He stated that in th~ first place, the City has~imposed such stringent Security requirements that anyone applying for the franchise would have to follow through with the entire program. Secondly, ~. Williams indicated that he has a state- ment which indicates that his client is in good financial condition, and that he is currently involved in La~4~ million dollar operation. He further indicated that if any of the members of the council had som~ doubt about his client's a~bility to perform ~n the sense of installation and programming, they would be happy to pay for travel ~0r those who might designate to go back east and observe the system there. Councilman ZD~er indicated ~hat he didn't feel ~his was an issue at this ti~e. ~. Harvey Ingham, representing Telecommunications, Inc., stated that his company intends to build for Saratoga the finest system they can, with the head-end office located in Saratoga. ~.~ T~d Chanock, representing Tel~eprompter, indicated tha~ he felt very strongly that ~eleprompter would stand behind all o~ the commitments they have made. He indicated that they would have an office in Saratoga insure that the City would have the finest systemsavailable, and,' being very flexible, would be abl~ to w~rk with the Cityto see that its citizens get~ the type of system that they ~eserve. ~. Chanock concluded by saying that he feels the most sophisticated evidence of their performance would be in the systems they have installed in other Bay Area citi~s~ Thelpublic hearing.was closed'. The~Mayor advised that the City M~nager has requested that the franchise be awarded tonight on a~relimina~y basis since the ordinance for the' franchis~ has not yet been drafted. May~r ~i~d~d~h~h~fd~fik~ to co~nd' all th~ applicants ~t e ~itizens co~i~te~ for ~h~ work t~ey have dope, I~ar~i~id~ and h .that all three of the applicants ~re very good; however, on~f~em indicates to him to be consistant~with the requirements and guidelines set do~ by the City. He felt that the $5.50 rate is important also, as well as the fact that their head-end stddio would be located here~ He therefore sta~ed that his vote would go ~o T~leco~unications, Inc. - 4 - Councilman Dwyer stated that the growing stack of evidence indicates to him that the recommendations of the citizens committee is a wise one, and he would, therefore, favor Telecommunications, Inc. Councilman Diridon that he would tend to favor Telecommunications, as they are willing to meet all the conditions which we have outlined, in- cluding building a head-end facility in Saratoga. Councilman Kraus commented that it is his feeling that the citizens committ~ee has done an outstanding job in writing up the specifications, and in analyzing all of the information,~ it is his feeling that Telecommunications should be awarded the franchise. Councilman Bridges indicated that~Telecommunications, Inc. would be his choice for the franchise. Councilman Dwyer f~lt that the City was fortunate to have a citizens committee to go through this with a "fine-tooth Comb" and also to have a City Manager with experience in' negotiating for a franchise. He was of the opinion that Telecommunications is the franchise best suited to meet o r re.qiirements. He move! that e o e ~t~d~o~ron~and~ft~ Was carried. VI. ~MINIST~TIVE ~T~S =.. + - A. ~YO R' 1. ~nounced Proclamation Establishing the Week of November 12, 1972, as "Youth Appreciation Week". 2. Commission Appointments to be announced at the next meeting. 3. ~nounced an Executive Session to follow tonight'a meeting, for discussion of personnel. B. FXnSCn 1%.. Pa~ent of Claims - It was moved by Councilman D~er and seconded by Councilman Bridges that the list of disbursements be approved and the Mayor be authorized to sign the warrants. The motion was carried. C.CO~CIL ~D CO~ISSION REPORTS 1. Library Coaission a) Senate B~ll 1261,~-jProv~d~ng Funds for Lxbrary Servxce - Re-agend~ze to next re;ular meeti~7;~ ' ~' '~ .... ~ .... b) Proposition,18, Obsceni[y InitiatiVe TM It was the unanimous feeling of the Council that no action should be taken for or against this proposition. D. DEP~T~NT HE~S ~D OFFICES 1. Pierce Road Slide Repair - It was moved by Councilman D~er that the Director of ~blic Works be authorized to j~o[id~iE~'~o~'~'Egr' forqh~k~d~l~ fd~ )~d~ ?%?i~d~lll ~{~(~50'0~ e~Ch exdeeF$'5'Z000,[~'Pierte Ro~'d~if~dded~d~~ 7jjTH{~:actionTQodl'dLb~"~6~j~d~ ~ridges~. ;eCon~ed .~he_motfon,~nd_it_~aS" carried ~ _ 5 _ E. CITY MANAGER 1. Resolution 645, Resolution Authorizing Filing of~Report~nd Application to the Resource Agency of California for Reimbursement Under'Open Space,,Subvention Act I6 was moved by Coungllman Bridges and secohded' b~ Councilman Diridon · that Resolution 645 be adopted. rThe' motion was carried. 2. Law Enforcement, Study.:~AnnouHced' that the Study ~'s .currently Underway. VII. COMMIINICATIONS A. WRITTEN 1. L~tter from Miles Rankin, Chambe~ of Commerce, requesting that the City undertake certain expenditures for holiday decorating - Approved to re-agendize for the next regular meeting. 2. Robert Yeaton, President, Saratoga Heights Conservation Corp.,' requesting that City authorize initiating annexation proceedings on 2555± acres of land proposed for deXelopment - Staff re~ort'a~next regular meeting. 3. Jordan Pennoyer,~13175 Cumberland'Drive, requesting that Conditions A~B,C,D,E,F and J be covered under the standard Deferred Payment Agreement - Approved to re-agendize for the next meeting. 4.. Richard C. Tripp, Realtor, ex~res.sing opposition to construction of two- story structure, as requested by Dr. Issac Abrams - Noted and .filed. 5.' Carl Schiavo and Frank Schiavo, Re: "How to Save Saratoga" - Future meeting to be scheduled for dibcusSion of this matter. B. ORAl 1. Joseph T. McManus, Real Estate Brbker, requesting that the present building site approval obtained b~ Sheldon Wiley on Upper Hill Court, remain in effect when the new purchaser takes possession of the lot - Fir. McManus directed to discuss this matter in more detail with the City Attorney VIII. ADJOURNMENT It was moved by Councilman Diridon and seconded by Councilman Bridges that the meeting be adjourned to an Executive Session. The motion was carried, and the meeting was adjourned at 9:30 P.M. espect espec~ Ro - 6 -