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HomeMy WebLinkAbout03-20-1968 City Council Minutes SARATOGA CITY COUNCIL SL~IARY OF ~!INUTES TItlE: l~eduesday, Iiarch 20s 1968 7130 1% ~!, PLACE: Saratoga City Council Chambers, 13777 F~ultvale Avenue, Saratoga, TYPE: Regular Meeting I O~ANIZATION }fayor Glennon called the r~eetin~ to order at 7:35 P, N, A, ROLL CALL Present: Cotmeilmen Glennonm Ilartman, Tyler, Robbing, Burry Absent: None B, ~.ilNUTES It was moved by Councilman Robbing, seconded by Councilman Burry, and carried unanimously to dispense with the readin.~ of the minutes of the ~farch 6, 1968 meeting and approve them as II BIDS AND CO~Nv/RACTS A, CONTRACT with Sxqeeney & Sons for construction of asphalt berm ou Highray 85 ~ir~ Ruff explained that this berm construction was required by the Division of Highways as a provision of the encroachment permit issued Highway 8~ to the City at the time the ~alkway on Highway 85 was constructed but Berm that, due to unsatisfactory cost quotations, the work was not done prior to this time. Several quotations were received, ~r. reported, and the staff recounnends that the contract be az~arded to S~eeney. & San who sub~itted the most reasonable price for the It ~as meve. d by Councilm~i~ Tyler, seconded by Councilman Hartman, and carried unanimously to authorize ex~cUtion of a contract with S~eney ~n~. Sons for installation of 84~ LF of A.C. Berrn an ~t~hwaV 85 ~t a cost of $1,220.90. B~ CONTRACT ~ith George l~olte for Engineering Services - Verde Vista Lane The; City Cl~rk reeo~..,~nded that a co~trdC~ ~e execute~ ~ith G~or~e Nol~te Engineers for engin~ering services .fo~ ~he Verd~ Vista Lane lEngi~eering imp~ovemen~ proJect~ He reported that the vetition requesting this ~et~rtees - improvements .~hieh was linted on the ag~da for this meeting, had. Ver~e vista not materialized due to the complex _~roCedure xequlred ~here a pet~tioner had filed a tentative subdivision map. ItO~ver, .'it. HUff stated, the ~taff reco~tends that the contract for engineerin~ services be executed so that the engineers may proceed as soan as the petition has been filed. ~r. ShOok ihdicated that he exveets the petition to he filed within the ~ext t~o weeks. It was moved by Councilman ltobbius, Seconded by Coueellmen Hartmaui and carried unanimeus!y tO authorize the t~ayor to execute the ~ontract with George Nolte Engineers for Verde Vista Lane engii~eerin$ services, subject to the filing of a vatid petition for for~ation of the assessment district. TRACT 3900 - OVERSIZED STOI~ SE~R REI~BURSE~ENT AGREEmeNT It was moved by Councilman Harman, seconded by Councilman Tyler, and Tract 3900 uuanimeusly carried to authorize the Nayor to execute an oversized Reimbursement storm sewer reimbursement a~reement between the City end the firm of Agreement I.?ynn, I~s and Zukin.. ~r. Ruff explained that this was a standard form of a~reement to enable the developer of Tract 3900 to be reimburs~. by future developers ~ho will benefit from oversize storm se~?ers installed by ~nn, Duma, and Zukin. SUlkilY OF COUNCIL MINUTES - March 20, 1968 Ill PETITIONS, ORDINANCES ANDFO~.~L RESOLUTIONS A, RESOLUTION NO, 414 Mr, Huff reported that the City periodically requests population exttmates to be certified by the State Department of Finance in order Population to establish eligibility to receive additional per capita State Estimate subvention funds. He said that the cost for this service would be $310. provided the city's population does not exceed 25,000. It was moved by Councilman Robbins, seconded by Councilman Burry, and mnanimously carried to adopt Resolution No. 414s authorizing the Mayor to execute an agreement with the California Department of Finance for a population estimate as of April 1, 1968. B. VERDE VISTA IMPROVelENT PROJECT Uith no objection, }~yor Glennon ordered this item, consisting of Verde Vista filing of petition and accompanying resolutions, deferred to the Improvement next regular meeting, in accordance with the previous report that the petition could not be filed at this time. IV SUBDIVISIONS, BUILDII~ SITES A~fl) ZONIt~ REOUESTS A. SDR-736 - GEORGE AKERS Akers The City Clerk reported that all conditions of tentative building ~DR-736 site approval had been met for three lots on E1 Camino Grande and it was moved byCouncilman Burry, seconded by Councilman Robbins, and carried unanimously to adopt Resolution No. SDR-736-1, granting finai site approval. B. SDR-648 - COLIN BEAT~I Mr. Huff reported that all conditions had been met or bonds DoSted Beaton in connection with building site approval for one lot on E1 Camind 5IIR-6~8 Crande and it was moved by Councilman Hartman~ seconded by CounCilman Tyler, and unanlmously carried to:adopt ResolUtion Ho; SDR-6~8-1s approving the lot as a buildin~ site. V PUBLIC HEARINGS None VI ADMINISTRATIVEHATTERS A. MAYOR (1) }Iayor Glennon reported that on March 28 the Planning Policy Committee' of the Inter-City Council will present its report in the County Board of Supervisors chambers and that all Planning Policy Councilmen and Planning Colnmlssioners in the County will be Committee urged to attend. The Hayor said that, as Chairman of this Public Meeting Committees he had felt that one County-wide meeting would be more effective than xffitten progress reports ~.~ould have been as a means of informing local officials of the importance and scope of the Planning Policy Co~,ittee's studies during the past year. The Mayor emphasized that, in his opinion,.the efforts o~ the Planning Policy Committee was the sin~Ie most important cooperative project to be undertaken in Santa Clara County and that lack of interest by the 15 cities' officials could well Jeopardize future development throughout the County. (2) Mayor Glennon made several comments relative to the Planning General Plan Commission report on the General Plan Review which is scheduled for public hearing at the Apr£13, 1968 meeting. ~riefly,.these comments included the following: -2- COUNCIL MIt.~TE~ - March 20, 1968 (a) The~fayor suggested that the Planuin~ Commission recommenda- General Plan ticus relative to apartment develgpment, specifically the Pace proparty and Kosich property, as well as the Quito Shopping area, be changed to either retain present zoning or designate the desired zoning instead of recommending that present zoning be retained pendinR further study or definite proposals for multiple or residential retirement development. This wording, the Mayor felt, ~7ould be unfair to property o~ners and would not serve as an adequate guide for future planning. (b) Collector Street right of way and improvement - Planning Commission recommends further study and definition of dimensions and in some cases, imp_rovement: The ~fayor recommended that the Planning Commission determine what changes should be made in right of way and improvement standards in conjunction with the General Plan Review. (c) Herriman Avenue extension - Planning Cormmisslon recommends removin~ this extension from the General Plan and consider- ing it along with alternative routes such as Allendale Avenue extension and Douglas Lane extension at each subse- quant General Plan Review. ~ayor Glennon indicated that. he could see no reason for this recommendation unless the Planning Commission disagreed .with Mr. Livingston's proposal that Herriman Avenue be extended as a link be~.~een Saratoga and Pruitvale Avenues. !te suggested that Livingston be requested to provide additional information as required to permit ~he Planning Commission to make a conclusive recommendation on this matter. ~ayor Glennon stated that he disliked volelog general crit~ismof. the Planning Commission report for he personally felt that the Saratoga Planning Commission had always been and ~emains the most dedicated and. capable of Commissions. ~.~ever, the Mayor continhed; ha felt th~ before the Council could make ultimate decisions re~arding the Planfling Comm~ssions's recomuendations, it would be necessary to obtain concrete information relative to those items which he felt were ambiguous. In the event the Planning Commission iS notorepa~ed to report further on these items prior ~0 the SCheduled April~3 public hearing, the Mayor stated that the public hearing could be continued on the agenda until the report can be submitted. Councilman Robbins agreed that additional information relative to the points raised by the Mayor would be needed and that a substantial length of time might be involved but that he felt that if the informa-- tion is available to the Planning Commission the CounciI should have the benefit of their advice within a relatively short time.I With Council approval, ~ayor Glennon referred the report on the General Plan Review back ~o the Planning Commission for clarification of the items outlined by the Mayor. (3) Mayor Glennon expressed concern about tb~ reports he has had from citizens complaining of increased criminal activity in the city. Police Study The Mayor reflected that he did not kn~ whether the apparent increase was a result of increased population, actual crime rate increase, or more emotional citizen reaction to law enforcement problems, but that he did think that the City should contact the Sheriff's Department for their opinion as to causes for the severity and volume of com- plaints and whether or not, in their opinion, increased law enforece- ment services would correct the situation. Councilman Hartman said that he would be interested in ascertainin~ the type of criminal complaints that have been received~ as well as the number of complaints and that he felt this information ~.muld the Sheriff's Department in their analysis of the problem. -3- SU~tARY OF COdiCIL MI~.qJTES - }latch 20m 1968 Councilman Burry stated that, after studying the crime report distributed to the Council at the last meeting, he was amazed Police Study that a city tt~ size of Saratoga had fared as well at it had. Without having the benefit of crime statistics from other cities of comparable population, Councilman Burry indicated that it Y~ould appears from local news coverage, that the rate in Saratoga is lower than that of its neighbors. I~ questioned whethat or not the increase in citizen complaints might be unwarranted. Councilman Tyler c~nmented that only ~raffic control services are under contract and the Hayor stated that although it was true that the Sheriff*s Department was obligated by law to hmxdle criminal complaints they have frequently advocated traffic patrol as a means of decreasin~ ciminal activity, It was reported that the presence of patrol cars discourages certain types of crtmess such as burglary, The Council discussed the apparent discrepancy beU~een the 1967 crime report and the number of citizen complaints to the Counci! and noted that although the crime rate had increased in the past four years it did not appear to be a significant increase. ~ayor Glennon said that he felt that the Council had a responsibility not to respond to increased citizen reaction unless it can be determined that the complaints are Justified. With no objection, ~ayor Glennon referred the matter to the ~Ianagement Committee and requested Mr. Huff to obtain as much factual data for comparison purposes as possible prior to the ~anagement Committee review. (4) Mayor Glennon reported that the Cupertino Sanitary District will consider the possible extension of sanitary se~rs in the Pierce Pierce Rd, Sewers Road a~ea at a meeting to be held March 28. I~ asked that Public Works Director Shook attend.the meetinn as an observer but take no position on behalf of the city at this time. B. FINANCE (i) Payment of Claims Mr. Shook reportej t at progres on construction of the Claims Village Parking DiStrict No. 1 had accelerated somewhat during the past week and ~aS approximately 71% completed. Mr. ShOok indicated that the retention of payment to date ~as, in his opinion, more than adequate tb cover expected penalties. Councilman Tyler questioned a claim from Commercial Building Haintanance and was advised by the City Clerk that the charge was for supplies furnished by the firm during the trial transi- tion to force account maintenance service and would not be a recurring charge. It was mO~ed by Councilmen Burry, seconded by Councilman Robbins, and unan~m?~ly carried to approve the list of claims, dated March 20, 1968 and to authorize that warrants be drmrn in payment for a total amount of $33,248.05. (2) The February, 1968 Treasurer's report was accepted, with no comments. (3) Councilman Robbins questioned the status of the Hakone Gardens ~{emorial Fund and Mr. Huff reported that the ~arrant for payment of that po~tlon of the fund donated in memory of Joseph Gresham had been voided in accord with Council action at a previous meet- ing but that this action had inadvertently been omitted when the February City Clerk"s financial report had been prepared, -4- SU~t~RY OF COUNCIL MINUTES - ~4ereh 20, 1968 C. COUNCIL CO~flTTEES AND REPORTg None D. DEPAR~fENT I~ADS AND OFFICERS Mr. Shook presented Change Order No. 1 for the Village Parking District No. 1 for a total additional cost of $620. and explained that it included the installation of a drain line around an exist- Parking ing oak tree and concrete cap over the underground utility cov, du~t. District No. I He stated that he concures xzith the engineer of workts recomendation Change Order that the change order be approved. Councilman Hartman asked why No. I these items had not been included in the original engineering alan, and was told that it was an apparent oversight. Mro Shook indicated that, in a project of this sizes the oversi~ht x~as considered negligible and that it is usual to add from 5Z to IOZ to the cost of a project for contingencies of this type, ~. Shook also reported that it had been decided to leave the switch panel ~hich was scheduled to have been moved in its present location until such time that the adjacent o~,mer~s plans have become concrete. It was moved by Councilman Hartman, seconded by Councilman Tyler, and carried unanimously to approve Chan~e Order ~o. I as presented. E. CITY ADMINISTRATOR (l) The City Administrator reported that the Chief Building Inspector Wildwood Park recommends removal of two small sheds and an old privy in the Cottages lower area of Wildwood Park as well as the two vacant ~ottages on Wildwood I~y, but that the occupied cottage be retained until park plans are Drepared and the city is in a position to proceed With park development. ~. Huff stated that a proposal had been ~eceived from T~d Tressler, Contractor, to demoltsb the structures. ~t was moved by Council~n N~rtman, seconded by Councilman Robbins, hnd ~nanimoUsly carried tO authorize the ~emolition~o~k as recommended and at the cos~ ~ot to exceed S540. (2) tTtth no Objection, Mayor Glennon referred to the Phblic I.~lfare Street ~ommittee a proposal from Pacific Gas and Fleetrio Company that.an Lighting agreement be executed authorizing conversion of all incandescent street lights in the city to mercury vapor lights. (3) Mr~ Huff reported that ~e had reviewed the Youth Center agreement Youth Center in reference to the extent of the citrus financial obligation in Maintenance Cost regard to janitorial maintenance and utilities in the Youth Center Building. He said that no specific sum was included in the agree- ment because of the difficulty in making an accurate 50 year projection of the cost of the services covered but that the }~nagement Committee and Council had been informed that the cost had been estimated at $2500, Additionally, ~¶r. Huff stated, there was apparently no review of the $2500 fi:~ure bet~een its origin in 1964 in relation to a proposed 6500 sq. ft. building and the. approval of the agreement on April 5, 1967, calling for ccnstruction of a 11,500 sq, ft. building. lie added that preliminary figures indicate a potential for expenditure of $2000 or more per year for utilities and $4000 on Janitorial maintenance at the current level of service. r~. Huff reco,muended that this matter be referred to the M~nage- meat Committee for study and reDoft and, with no objection, the r~yor so directed. -5- SUMMARY OF COU}~CIL MItru~YES - March 20, 1968 VI! CO}f~UNICAT~ONS A. !~.ITTEN (1) A letter from the Santa Clara County Board of Supervisors A.BoA.G, relative to the Board*s position on membership in A.B.A.G. ~.ms acknowledged. Planning Policy (2) Minutes and announcements relative to the Plannin~ Policy Coraltree . Committee were distributed. Transportation (3) Announcement was made of a special meeting of the Transportation Policy Co~anittee Policy Cormnittee scheduled for this eveninE. (4) Councilman Burry reported ~hat since he had artended the General Assembly of A.B.A.G. he had read in news reports that some of the A.B,A.G. dues had been embezzled along with the ~!.U.D. funds A.B.A.G. and that this news was a direct contradiction of the A.B,A.G. Board of DIrectors~ statements that no association funds were affected. If, in fact, the organization is run in such a manner, it was Councilman Burry*s stated opinion that the Board of Supervisors~ position ~ay be justified. B. ORAL (1) }~r. Pranc{s Smith, 12349 Obrad Drive, read a statement relative to his p0~itfon concerning the revocation of an encroachment permit for a sewer hook uo at 12764 Saratoga Avenue. f~e stated that a permit bed been ~ranted by a city employee and that Saratoga Ave. Derrick Construction Company had been hired to do the work at Encroachment a cost based on the conditions of the permit. Subsequently, he r~porteds the permit was revoked and the conditions for a permit changed to a degree that the cost would be greatly increased and the time required for the work extended beyond the scheduled occupancy of~he property. ~r. Smith questioned ~Thether a right of revocatidn.exists and asked that the contractor be granted permission to proceed with the work under the original permit. The Director of PUblic Works ~eported that, in an effort tO accomod~te the applicant, a permit had been issued yesterday ~ on the basis of a hand carried request, unaccompanied by exhibits Or full ~nformation, and that the permit had been issued in error. ~his error was discovered t~iS morning by the ASsistant Director of Public Works w~o, being aware of the policy 9f Drohibitin~ open t~ench work on. Saratoga Avenue, had revoked the permit and advised the applicant of the tunneling procedure that would be ~equir~d for the x.mrk proposed. Mr. Shook stated that nonnally sketches are required indicating location, ali.gnment, etc. but that this request had been interpreted erroniously because of the lack of proper exhibits. }{r. Leonard Derrick, Contractor, said that he uas not sure that the work could be accomplished by boring under the pavement because of the depth involved, soil conditions', and other utility installations which might be encountered in the area. For this reason, as well as the cost involved, Mr, Derrick asked that an open trench hook up be authorized. Tfayor Glennon asked the City Attorney to co~ent regardinn the city's legal position and ~r. Johnston stated that he did not recall ~hether or not the Council was designated to. sit as a Board of Appeals for the granting of encroachment permits. IIo~eVer, the City Attorney said that the City did have the right to revoke a permit that had been granted in error. -6- SUMMARY OF COLD]CIL MINUTES - Hatch 20, 1968 After considerable discussion of past policy regarding encroach- ment on Saratoga Avenues ultimate development antlciDated, etc. Mr, Detrlck was asked whether or not he had started any work in the short time the permit was effective. Mr. Derrick replied that he had made a 6' to 7' cut in the west side of the pavement but that no base rock or pavement had been taken Out. Saratoga Ave. Encroachment Mr. John Smith stated that when he had spoken to Sanitation District 4 representatives last Fall about his plans for remodel- ing they had suggested procedures which did not involve drilling except where it would involve cutting into the median strip. ~{ayor Glennon noted that, as a reDresentatlve on Sanitation District #4s the District policy had been to sua~est that property Owners connect to se~r laterals at the time of major street construction whether or not they plan to use the connection within .a relatively short time. ~. Smith, owner of the property at 12764 Saratoga Avenue, stated that he had o~med the property at the time Saratoga Avenue was reconstructed and that he had been contacted with such a proposal but that it had been his impression that it made little difference whether he connected at that time or a later date so he had not bothered to do so, The Hayor suggested that the matter be referred to the Public l~lfare Committee and that the City Attorney be requested to advise Mr. Huff whether it is a matter for Council decision or if the staff can rule in this case. Councilman Robbins asked if the Public I.~elfare Committee could be authorized to act when it completes its review and the City Attorne~ advised that it could not as that ~ould be a deleSatlon of legisla- tive power. Councilman Burry commented that it was his feeling that if a permit had been issued in error it was morally ~rong to subject the applicant to unnecessary expense. ~ayor Glennon agreed but added that, although an applicant would not be expected to bear the expense of staff error, he re!t that the question of pol{cy would be some~hat altered in cases where the expenses incurred prio[ to discovery of the error were not wasted for the wo~ to be done~ Ufth no objection, ~ayor Glennon referred the matter to the Public l~lfare Committee with the statement that if, uDan the advice of the City Attorney, the question can be resolved at staff level the staff will proceed and, if not, the matter will be considered at the next Council meeting. ~. John Smith suggested that the engineering staff investigate the possibility that dislodging large stones by borln~ might ultimately cause the street to sink. Mr. Derrick asked how much time would be involved before a decision was made and the ~fayor said that if the Council must make the decision it ~.~uld be April 3 and othem~ise would probably be when the Committee has had an opportunity to review the matter. r~r. Derrick was invited to remain after the meetin~ and check with the City Attorney when he has checked the city code relative to this point. (2) }[ayor Glennon acknowledged, with pleasure, the presence of Planning Commission Chairman ~rton; }~s. Eunice Stark and ~J~r. Lewis, representing the.~od Government Group; and Nr. Jerry Smith, candidate for c~ty councilman. -7- SUMI4ARY OF COUMCIL MINUTES -,'{arch 20~ 1968 VIII ADJOURNMENT It ~as moved by Councilman Robbins, seconded by Councilman Burrv, and unanimously carried to adjourn the meeting at 9:45 P. M. Respectfully submitted~ J. R. HUFF, CITY CLEPU( -8-