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HomeMy WebLinkAbout11-20-1968 City Council Minutes CITY OF SARATOGA MINUTES TIFf: WEDNESDAY, NOVEMBER 20, 1968 - 7:30 P.M. PLACE: SARATOGA CITY COUNCIL CHAMBERS 13777 FRUITVALE AVE., SAR., CALIF. TYPE: ~EGULAR MEETING I. ORGANIZATION Mayor Tyler called the meeting to order at 7:32 P.M~ A. ROLL CALL Present: Councilmen Tyler, Smith, Dwyer, Robbins & Sanders Absent: None B. MINUTES Councilman Robbins moved, and Councilman Smith seconded that Minutes reading of the Minutes of the regular meeting of November 6, 1968 be dispensed with, and the Minutes be approved as mailed; the motion carried unanimously. C. APPOINTMENT OF PLANNING COMMISSIONER RUSSEL R. BACON Planning Mayor Tyler said that the Council had selected Russel R. Bacon Commission as a City Planning Commissioner to fill the vacancy created Appointment by the death of the late CommiSsioner O. W. Johnson, the R. R. Bacon selection having beeh made at an executive session of the Council on November 13~ 1968. Mr. Bacon~ a retired engineer with a long list of accomplish- ments in the engineerinS field, ~rinctpally with Shell Oil Company and as a technical write~ for Lockheed prior to his retirement, has been a resident of Saratoga for 12 years; he i~ also a member of the Lions Club and of the BeneVolence Board of the Federated Church of Saratoga, and active in many civic groups, said the Mayor. The Mayor then administered the oath of office to Mr. Bacon, who received the congratulations of each Councilman, and applause from the audience. D. PRESENTATION OF HUD AWARD TO THE CITY OF SARATOGA Mayor Tyler acknowledged the presence of Mountain View HUD Award Councilman, Charles Gordon, ~nocame forward from the audience to present an award citing the contribution of the Council for its part in the Planning Policy Committee of the Inter City Council, from'the Housing and Urban Development DepaTtment, Washington, D.C. In accepting the award for the City,. Mayor Tyler said he felt that it should really be presented to former Mayor William E. Glennen, who had been chairman of the P.P.C. durins the period for which the award was granted. ~. Gordon said that he was acting as distributing agent for the Washington based MUD, and that it indicated the importance of cooperation m~ong county and city governments in solving problems of mutual concern. II. BIDS AND CONTRACTS A. VERDE VISTA I}~ROVEMENT PRO3ECT - CHANGE ORDER NO. 2 Mr, Huff recommended approval of Verde Vista Imprgvement Verde Vista Project Change Order No. 2 to authorize installation of Change Order concrete rip-rap at the westerly end of the project, fo~. No. 2 a cost of $250.00. He said that although it had not been included in the original plans, it was now found to be necessary. -1- City Council M/nutes conti. 11-20-38 CounCilman Robbins moved acceptance of Verde= ViSta Improvement Project Change Order No. 2; Councilman Sanders seconded the motion, which carried unanimously. B. SARATOGA CAMPUS ASSESSMENT DISTRICT CONTRACT CHANGE ORDER No. 25 Mr, Huff recommended approval ofSa~at~d~ ~ampdS, Aseedsn~nt Saratoga District Contract Change Order No~ 25!~fdr the dum~of $232,50 Campus for extension of 2-inch electrical de~iqe tenddid and cable District to provide hookup to the traffic signdl system de~vice point Change on Fruitvale near Allendale Avenue, Order #25 " The 63-feet additional length was requird~ .betadee of a location change by P,G,& E, end the c~t ~0uld=be assessed on the District, not. thej~it~ Councilman Smith moved approval Of 6h~uge Order No. 25 for , Saratoga Campus AsSeSSment Di~rictilL Councilman Robbins seconded the motion, ~hich carried uhanimdusly. C. LANDSCAPING M~INT~NANCE BID SUMMARY ' CITY OF SARATOGA Mr. Huff introduced ~h@ sunEnary of bids received from Green Landscape Valley Landsca~ing~ ,Inc. and from Grosken, Inc. for maintenance Maintenance of landscaped areas on CitySoWned property on Saratoga Avenue Bids Blauey Plaza, ManOr.Drive, Village Parking District No. 1, and the Civic Center. The Groskeu' bid 'talcSled $i7,16~, and the dreeu Valley bid t~taled $14,484.00, and Mr. Huff reckended acceptance of their[tar ~ow bid, which was eSS~h~iaily the same amount ~e~iduSl~ listed by the cempany,.~h0seWork had been found ~0 6e satiSfaCtOry in the past. Th~ bid included the overall raise Of six. perdene originally ~q~e~ed/ by the company to meet ~ising costs and fringe benefits eo employees. Mr. Robbins moved that the Mayor be authorized to execute the agreement with Green Valley Landscaping, Inc. to maintain the areas listed for an annual total of $14,484.00, ou a monthly basis of $1,207.00, Mr. Smith seconded the motion which carried unanimously. III. PETITIONS, ORDINANCES AE~) FORMAL RESOLUTIONS A. RESOLUTION NO. 36-B-102 - RESOLUTION ACCEPTING DEDICATION OF STREETS - TRACT NO. 3860 Res. 46-B-102 Mr. Huff stated that the Department of Public Works had Tr. 3860 inspected improvements in Tract No. 3860, that all defi- ciencies had been corrected, and that he was recommending that the streets iu said tract be accepted into the City street system for maintenance, and the bond be released. Mr. Sanders moved for adoption of Resolution 35-B~102 accepting ~he streets within Tract No. 38~0 into the City street system for maintenance, and releasing the improvement bond; Robbins seconded the motion which carried unanimously. B. RESOLUTION N0. 36-B-103 - RESOLUTION ACCEPTING DEDICATION OF STPaETS - TRACT NO. 3777 Mr. Huff stated that the Depar~nent of Public Works had Res, 46-B-103 inspected' improvements in Tract no. 3777 and that all de- Tr. 3777 ficiencies had been corrected, and that he was reco~endinS that the streets in said tract be accepted into the City street system for maintenance, and that the bond be released, -2- City of Saratoga Council Minutes conft. 11-20-68 Mr. Smith moved that Resolution 36-B-103 be adopted accepting the streets within Tract No. 3777. into. the City street System £or maintenance, and releasing the improvement bond; Mr. Robbins seco~ted the motion, which carried unanimously. C, ORDINANCE NO. 3-E-6 - A TEMPORARY INTERIM ZONING ORDINANCE PROHIBITING INSTALLATION OF OVERHEAD UTILITIES IN ALL ZONING Ord. 3-E-6 DISTRICTS WITHIN THE CITY OF SARATOGA. Interim Emergency ord. Although not originally agendized, the ordinance was' presented re overhead for consideration by the Council., said M~.' Huff, as an urgency utilities emergency ordinance to prevent installation of utility poles within areas that might be eventually included within underground utility districts, or become subdivisions, where undergrounding of utilities would be required. He !added that in view of the action taken by the Public ~tilities Commission and by the P.-G. & E. it was felt that the City should have an o~dinance to prevent installation of new poles pending a study period by the Planning Conmigaion. Existing poles, and lines carrying 34.5 KV or more would . be exempted from the ordinance. City Attorney Johnston.explained that this ordinance was an urgency, emergency measure Which couid be read, introduced and passed by a four-fi~ths, vote on a single evening; tha~ :i,t Would become effective immediately for the next 90 days; that it could thereafter be extended to be. effective for one year; that its passage would allow time for further study by the Council and Planning Commission, to work out any inequities. He added that it was similar to ocher. ordinances recently adopted by such communities as Scotia. Valley in Santa Cruz County, and by Los Altos Hills. The ordinance was read aloud in'its entirety by Mr. Huff. The Mayor said that-now was time for adoption of the intermim ordinance,.since it had been duly introduced and read. Mr. Robbins moved adoption ofOrdlnance 3-E-6 titled: A Temporary Interim Zoning Ordinance Prohibiting Installation of Overhead Utilities in All Zoning Districts within the City of Saratoga"; Mr. Smith seconded the motion, and the ordinance was adopted unanimously. In the absence of any objection, the Mayor referred the ordin-~! ante to the Public Welfare Committee for study, and asked that it also be brought to the attention of the Planning Co~mniSsion. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. CONSTRUCTION ACCEPTANCE - TRACT NO. 4301, SARATOGA FOOTHILLS DEVELOPMENT CO. Tr. 4301 Mr. Huff stated that improvement construction in the tract Construction had been completed satisfactorily, and he was reconm~ending Acceptance acceptance of improvements for construction Only. Mr. RobBing moved, and Mr.l Smith, seconded acceptance of improvements for construction only, for tract No. 4301. the motion carried unanimously. CONSTRUCTION ACCEPTANCE - Tract No. 4042 - GEORGETOWN WEST Mr.. huff stated that improvement construction in the . Tract 4042 tra~t had been completed .satisfactorily and he'was recapend- Construction · Acceptance ing acceptance of improvements for construction onry.' Mr. Senders moved, and Mr. RoDbins seconded acceptance of improvements for construction .only, for Tract no~ 4042; the motion carried unanimously. City of Saratoga Council Minutes conti. ,1-26-68, C. CONSTRUCTION ACCEPT~CE - TRACT NO. 3943 PIERCE ROAD Mr. Shook stated that~ Tract No.~3943 had been inspected, Tr. 3943 and he was recommending acceptance of improvements for Construction construction only. Acceptance Mr. Robbins moved, and Mr. Smith seconded acceptance of im- provements for construction only, for Tract No. 3943; the motion carried unanimously. V. PUBLIC HEARINGS A. C-119 - Allan G. and Jean R. Boyce C~119 Mr. Huff stated that fretice had been duly published and mailed Boyce to appropriate persons, that now was the time and place noticed Rezoning for the public hearing on the matter, whereby Allan G. and Jean R. Boyce were request{ng a change of zoning from R-1-40,000 to R-12,500 single f~nily residential, for 'a. 1.92 acre.parcel located at the southwest corner of ~erde Vista Lane and Boyce Lane; and that the Planning Cermnission had reconm~ended that the application be approved, for rezoning to R-15,000, single family residential. The Mayor declared the [ublie Hearing open at 8:12 P.M. William E. Glennon, attorney representing the Boycos, asked that the recommendation of the suvdlvision connnittee of the Planning Connisston for rezoning to R-l-15,000 be evaluated in regard to fairness to the Boycos, and benefits ~o the City, on which grounds he was asking rezoning to R~l-12,.~00. He added, that in pert,- consideration should be given to the total acreage contained in the parcel, with reference to the piece of land that had been given to the City, thus saving it thd~ costs of proceedings for emininent domain, and that such sfreet dedication area should be included in calculating the gross acreage. ~lere being no further d0n~aent from the audience, the hearing was continued to the next regular meeting. ],li~hout objection the Mayor referred the application to the Planning Committee for study and report. VI. ADMINISTRATIVE }L~TTERS A. MAYOR Congress for Coau~unity The Mayor noted that the report from the Congress for .~ Community Progress would~not be ready for presenta~ion until Progress the Council meeting of December 4th. B. FINANCE 1. Payment of Claims Bills Mr. Robbins inquired if Warrant No..10259 for consulting services payable for ~he sum of $150.,00 to B. E. Lewis indicated that the police study was complete. ~. Huff stated that the study was not yet c~nplete, and that this warrant represented payment for data collected, and was an interim payment only. Mr. P~bbins then asked if Warrant No. 10291 for the sum of $2~5.00 to Sweepers, Inc. was a monthly payment for service, and Mr. Huff replied in the affirmative. Mr. Robbins then movedlapproval of disbursements listed for Nov. 20, 19~8 for the total of $78,144.45, and that the Mayor be authorized to sign ~he warrants; Mr. Smith seconded the motion, ~nich carried unanimously. City Council Meeting Minutes conti. 11-20-68 2. Financial Reports, Oct. ~!, 1968. The City Clerk's Financial Report of Cash and Investments Finance Equity in the City Treaeurey, as of Oct. 31, 1968, and Reports the City of Saratoga TreasUrerS' Report of the same date, both showing a total balance of ~1,378.57, were read silently, without comment by the COuncil. B. COUNCIL COI~IITTEES AND REPORTS 1. Mr. Smith read the Public i'llfare COnmmtttee progress report on improvement of Prospect Road, stating that his doamittee favored adopting a two-stage development!for road'widening, Prospect Road beginning with the bridge, to be followed by four-lane Improvement construction and l~ndscaping of a median, which could be later reduced, should there be a necessity for six lanes of traffic. He said there was essential agreement among the three parties to the problem, including the County, the City of San Jose, and Saratoga; that the CoUnty is prepared an agreement, and that he would report back any further pro- gress. ~e Council expressed i~=general, informal agreement with the two-stage policy for Prospect P~ad improvement. 2. Mr. Smith stated in regard to the City of Corona resolution Minors crossing re the crossing of the I,~Xican Border by unaccompanied Mexican Border minors, that the matter w~s under consideration by Federal Legislators, and he felt no further action by the City was necessary.. 3. Mr. Smith reported that his committee hod studied the application for a time extension requested by the con- Fruitvale Ave. tractor for installation of permanent signal controllers Improvement - for signals on the Fruitvale project.. time extension request He noted the C~maittee's disappointment with the ~low progress made toward energizing the temporary controllers for the signals. Mr..Huff stated that there seemed to be some lack of cu~aunicetions between the ]general contractor and certain of ~he subcontractors on the Job regarding the(tem~.) fixed time controllers b~ Shook said that the equipment ~ight be ready before the Dec. 16th date, and a~ded that, Currently, peaks of t~ffic were only intermittent, p~king at abou~ 7':30 A.M. traffic signals fdr.morning classes at the College, and again in ~he eye~ing. There were {wd ~hases of ~ompletion, and ener- gizin~ of the signals might be keyed into completion of the project, which ~hould:be considered in setting the time for the penalty period, said Mr. Shook, who also noted that the installation of the interim flashing lights might be accomplished within the next week 'or ten days. Mr. Robbins asked that the matter be referred back to the Committee for further study of the application 'for ex- tension. In the absence of any objection , the Mayor referred the question of extension back to Co~ittee. D~ DEPARTMENT HEADS AND OFFICERS Planning Director Walker presented P~solution No. 4~3, to the Res. 463 Council for cqnsideretion, stating that it had been prepared -5- Council Meeting Minutes conti. 11-20-68 for submission at the next meeting of the County Planning Con~nission tomorrow, should the Council pass it. It was important for the City of Saratoga to take a position on location of power lines above Saratoga by the P.G.& E. Res. 463 since the area was considered to lie within the city's P. G. & Eo sphere of influence. trans~ission line location Mr. Robbing moved adoption of Resolution No. 463, A Resolution requesting Santa Clara County Planning Conmission to delay approval of P.G.& E. Transmission Line to permit Study and Evaluation of Proposed Location~:in West Santa Clara Valley; Mr. ~qyer seconded the motion, and the resolution was unanimously adopted. Mr. Walker said that he planned to be present at the County Planning Co~nission meeting, and that the matter had been set for 1:30 P.M. and the Mayor said he would also try to be pre- sent. 2. Mr. Higby presented three reports from the Park & ~ecreation CommiSsion; they were Report No. ~ on theproposed?park Park & Recreation =i~e at t~e Co~ ~enue trr'!ct; ~port ~]o. 7, aski~g. that? CommisSion consideration 6~ installation of the- ?G&E be delayed and Reports Report No. 8~ regarding the proposed Azule Park site. Mr. Rob~lns.mo~d, and p~.Sanders seconded, that the Con~niSSion recommendation that the park fee be accepted Park fee in lieu of land allotment, with such acceptance to relate Tr. 4572 d~ly tothe first.31 ~Ot~ .Of, Tract No~ 4572, and not to the proposed entire ll$~let ~ubdiVision, be apprOved; the motion carried unanimously· The Mayor n6t~a t~at t~e re~0~n~ati~a c~ained {n Report No. 7 had already been incorporated In Resolution No. 463, just adopted. ~eport No. 8 was taken under advisement, with no action required of the Council. Public Works Director Shook said that he recommended release SDR-557 of the bond formerly required of Lloyd M. C~se, SDR-557, Bond release since the lot was included in the Verde Vista Assessment District, and Mr. Case's bond was no longer required. Mr. Smith moved release of bond of Lloyd M. Case, Verde Vista Lane, SDR-557; Mr. Robbing seconded the motion, which carried unanimously. VII. CITY ADMINISTRATOR 1. Mr. Huff reported that one indicator of the successful Nelson Amendment application of the Nelson ~mendment Progrom in Saratoga was the impending hiring as a permanent employee as a Employee as street maintenance man of Allredo Fregoso, a trainee whose permananent employee progress under the program had warranted hiring him, as soon as ~e achieved his United States citizenship. 2. Mr. Huff said he had ~o reports for information only, Accident regarding the monthly accident report for the City, and a letter from the Flood Control District regarding the per- Report meability of the substrata in the area of the proposed lake in Wilkwood Park. 3. Without objection, the Mayor referred the question of Janitorial purchasing additional janitorial equipment to the Management Equipment Co~mittee: Mr. Dwyer stated the Policy Committee was also interested in the matter~ a~d in clarification of the relationship between the City and Youth Center with regard to the purchase of ~ t 4. raduaed, for information oely, Dacisien No. 74921 of the Public Utilitiea Commission, regarding installa- P.U.C. re tion of a grade crossing at the Glen Brae Drive railway Glen Brae Dr. -6- Grade Crossing City of Snzatoga Minutes ~1-20~68 crossing; - he stated it was his understanding that the work would be done by .the Southern Pacific Railroad, which would then bill the City, and the funds Were obtainable under the trade Crossing Protection Act for a portion of the cost. VIII COMMUNICATIONS A.. 'mIT N I~ :Foe. Huff stated in relation to the letter of'Nov~ from the Hemsonnets' AssOciation of BlueRfdg& tha~ 'th&y Blue Ridge were asking final tompint!on and correction of alI de~l- Tract ciencies in their tract'~ ~he Ge6rgeD~y. Constructi~n ' deficiencies ~o. so that the City cohld. acCept the streets for ma%nten- ~n~e' into the City street~ ~ystem; that StOrm drain problems had been eased by work done in the adja~en~ tract~ and that he would urge the developer to complete. tI~e work in the Blue ~idge-tract. ] - In the meanwhiff, said Mr. Huff, he ~Oh~d.,~rge tha~..t'he City maintenant& St~f~be allowed to rake ~are of emd~- gency problems, pending completion. by the d~Vel0per;. In response td a .quaSeion by the] May0r~ ~he dity AttOrney ~tated that ~he emergency work ~id b& ~o~e,' without fear of establishid~ bysdch act that th~ C~y!h:~ indeed . aedep~ed the streets, pending. aaeUal aOm~leti~n by the develdper~ Mayo ire aa eO write a-l ete to Mr. Fisher, p[e~ide~ of the Hom~o~ne~ ~AssociaCion of Blue Ridge, R. WillJams 2. M~. Huff also referred to the letter' received from former 1967 Annual Councilman Ray L. William8, compl~ment~ng the City on the Report 1~67 Annual Report. B. ORAL COMMUNICATIONS ~lere ware no oral communications. IXIF.~DJO~NT A. Mayor Tyler acknowledged the presence of Planning C.3~mission Chairman Norton; and Planning Commissioners Krause and Bacon; Hr. Riddle of the Telephone Company, and thanked Hrs. Dorothy Parker of the Good Government Group for coffee she had prepared, and was ready for serving in the lobby, following adjournment. B. ~r~ Robbins moved that-the meeting be adjourned; ~r'. Smith seconded the motion, which carried unanimously; the Hayor declared the meeting adjourned at 9:58 P.M. Respectfully submitted, J. R Huff, City Clerk -7-