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HomeMy WebLinkAbout09-03-1975 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, September 3, 1975 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular ~leeting I. ORGANIZATION A. ROLL CALL Present: Councilmen Brigham, Corr, Kraus, Matteoni, Bridges Absent: None II. BIDS AND CONTRACTS A. PARK VEHICLES (2) The City Manager indicated that two (2) bids were received for the purchase of two (2) park vehicles, from Paul Swanson Ford ($10,246.30) and West Valley Dodge ($8,729.32). It was moved by CounCilman Kraus and seconded by Councilman Brigham the bids be accepted and the contract be awarded to West Valley Dodge for their low bid of $8,729.32. The motion was carried. III. PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. MV-99 Resolution Designating the InterseCtion of Saratoga Creek Drive and Raleigh Place as a Stop Intersection and Designating the InterseCtion of Saratoga Creek Drive and Saratoga Glen Place as a Stop Intersection The Council discussed the request ~or stop signs at the Saratoga glen Place intersection, and Mr. Shook, Director of Public Works, indicated there has not been a record of accident history at this location. The feasibility of a "yield" sign~.)~'~11~u_~'Tt~ stop sign, was also discussed. Tom Boynton, who resides at the corner of Saratoga Glen?lPlace and Saratoga Creek Drive, addressed the Council and commented that since the last City Council Meeting when this matter was discussed, the Sheriff has been out on two occas,i6~'~to catch speeders. He related some other incidents of speeding resulting i~ ~amages to his property, and urged that the Council a_pprove stop signs in both locations, as the resolution indicates. Mr. Goozie, 12481 Saratoga Glen Drive, commented that kids drive their cars through this residential sectioe at 50 miles-per-hour, but for some reason, stop signs do have an affect on them, and he would recommend signs at both of these locations. It was moved by Councilman Kraus and seconded by Councilwoman Corr Resolution MV-99 be adopted. The motion was carried. B. ORDINANCE NO. NS-3-ZC-73 (Second Reading) An Ordinance Amendin~ Ordinance NS-3, the Zoning Ordinance, by Amending the 2 Zonin9 Map - Rezoning from "CV(R-I~.12,500)" and2or"CS(R-l-1,5'O0)".District to "R-1-12,500" District the 2.05 Acre Parcel Bounded on the North b~ Southern Pacific Railroad Tracks, on the East by Saratoga-Sunn~vale Road, on the South by Manor Drive, and on the West by Tract #3822 Ordinance No. NS-3~ZC-73 (Cont'd.) It was moved by Councilman Brigham and seconded by Councilman Kraus Ordinance NS-3-ZC-73 be adopted and the reading waived. The motion was carried. C. RESOLUTION NO. 749 Resolution Autho~i~i~'~Application for State Park Grant Funds It was moved by Councilman Brigham and seconded by Councilwoman Corr Resolution 749 be adopted. The motion was carried. D. RESOLUTION NO. 85-9.21 Resolution Amending~Resolution 85-9.20 and 85-9.8, Fdding to Basic Salary Classes, Employee Position Classifications and Compensation Schedule for Employees of the City of Saratoga It was moved by Councilman Brigham and seconded by Councilwoman Corr Resolution 85-9.21 be adopted. The motion was carried; 4 to 1, Councilman Kraus in opposition. E. RESOLUTION 85-9.22 Resolution Amending Resolution 85-9.17, Revising Salary Ranges, Personnel Policy and Fringe Benefits for Management Emp.loyees of the City of Saratoga It was moved by Councilman Brigham and seconded by'Councilwoman Corr Resolution 85-9.22 be adopted. The motion was ~arried unanimously. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. TRACT 5552 MALICHY J. MORAN, SARATOGA AVE. It was moved by Councilman Kraus and seconded by CounCilman Brigham accep- tance of improvements'for construction only. The motion was carried. 8. SDR-1033 ELDRED KUNKEL, ~AMINO DE LOS BARCOS It was moved by Councilman Kraus and seconded by Councilman Brigham accep: tance of improvements for construction only. The motion was carried. C. SDR-1159 JOHN CAREY, FRUITVALE AVE. The City Manager indicated this applicant has completed the requirements for sewer connection, and it is recon~nended the $1,200.00 cash bond be released. It was moved by Councilman Brigham and seconded by Councilman Kraus the staff be authorized to release the bond for sewer improvements. The motion was carried. V. PUBLIC HEARINGS A. CONSIDERATION OF ISSUANCE OF CERTIFICAT~ TO G.I. AND UNITED TAXICAB SERVICE IN SARATOGA TO MEET THE CITIZENS' CONVENIENCE AND NECESSITY The City Manager explained that based on the request by G.I. and United Taxicab Service for service toSaratoga, a Certificate of Convenience was granted on a temporary basis, which temporary certificate expires on th~s date. He indicated he has directed a Certified/Return Receipt Requested letter to the Yellow Cab Company,in an attempt to get some verification of their status; however, he has received nothing in writing from ~he Yellow Cab Company concerning this matter~ G.I. and United Taxicab Service (Cont'd.) · It was his recon~endation the Certificate width Yeltow Cab Company be re- sci nded before taking <~t~i.s_~:(a~gey:~i~T.c~.~ ~'-~6nveni ence to this company. Mayor Bridges declared the public hearing open at 8:05 P.M. Mr. Pastorelli, General Manager for G.I. and United Taxicab Service, addressed the Council. He indicated their company would like to provide the City of Saratoga 24-hour service, 7 days:i~kT~}and they would request a total of 12 permits for cabs be issued. He eX~i.~ined'that 6 vehicles would be assigned Saratoga; however,they would request an additional 6 vehicles for use if the need warrants it. He indicated they have been servicing Saratoga for approxi- mately one week and have experienced no problems. Councilman Kraus asked Mr. Pastorelli if he planned to advertise their service in the Saratoga News, as well as the Los Gatos Times. Mr. Pastorelli replied they did intend to adventise in both papers. Councilwoman Corr inquired where the service would be operating from. Mr. Pastorell.i replied they operate from a dispatch station at 2662 South First Street in San Jose. He indicated they could have a vehicle to service Saratoga within 20 minutes. Councilwoman COrr~ndica.ted'she would like to receive a proposal for service to Senior Citizens -- possibly something to replace "Dial-a-Ride". Mr. Pastorelli advised he could provide such a proposal any time at the Council's convenience. Councilman Matteoni inquired what the criteria for locating a cab stand would be. Mr. Pastorel li indicated the e~i~e~ ~l'd'T6~T~al )~:to let the people know there is cab service in ~aP~t6~'-L' ~oF i~tanc~, indication of the telephone number. It was indicatedthe City Counci'l would have to approve th~s stand. Councilman Kraus asked!if the cab is dispatched from San Jose,when the rate would begin. Mr. Pastorel~i replied the rate would begin at thesi~'t~ pick-up is made. Nancy O. McDonald, 20301 Kirkmont Drive, asked if she was correct in under- standing that a citizen could(~'call a cab at this time in Saratoga; and if he were in San Jose and lost his car keys, he could not call a cab to take him home to get a second set. ~Ma~ B~idges indicated he felt the origin-of'the trip would be'the controlling factor, and service would be provided ~n this situation. ~h6~'-'~'~~e~ co~ents from the audience, it was moved by Councilman K~a'G~o~'(d'by"~Councilman Brigham the public hearing be closed. The motion was carried. The public hearing was closed at 8:10 P.M. Mayor Bridges indicated he would'be concerned about getting the other certi- ficate out of the way'before issui~g'a n~ certificate. The City Manager point~ out the section of the City Code pe~tai ning to this, which states: "Any owner's certificate may be revoked or suspended by the City Council if the certified owner or any of his drivers has (a}'violated any of the provisions or this article, or (b} discontinued operation for more than fifteen days without the approval of the Ci~ty Council, or (c) if the certified owner has violated any ordinances of this city, or laws of the Unit~ States or the state, the violations of which reflect unfavorably on the fitness of the certified owner to offer public transporta~tion.' Prior to suspension or revocation, the certified owner shall be given notice of the proposed action to be taken and shall have an opportunity to be heard." Mayor Bridges pointed oGt the fact that service has been discontinued for more than fifteen days, and the responsible parties have been notified; therefore, he felt it would be appropriate to revoke the certificate issued to Yellow Cab Company. 3~S'~ G.I. and United Taxicab .Service (Cont'd.) It was then moved by Councilman Kraus and seconded by Councilman Brigham the Certificate of Convenience previously issued to Yellow Cab Company be- revoked, and a Cert~f~cate be ~issued to G.I. and. United TaxisService ~or a one-year period,w4i~'~r~iS~i~'f'~ ~e~e cabs~ !The motion was carried. VI. ADMINISTRATIVE MATTERS A. MAYOR 1. Advised that County Transit District Board approved in concept the re, establishment of commute service on the Southern Pacific tracks on a line called "Vasona Junction", and the District appointed a negotiating team to negotiate with Southern Pacific. Mayor Bridges indicated he testified at this hearing and related the City Council's expressed concerns regarding placement of parking lots and stations, and indicated the City would like to give some input when these plans were completed. B. FINANCE 1. Payment of Claims It was moved by Councilman Kraus and seconded byeCouncilman Brigham the list of disbursements, 21867 through 21943, be approved, and the Mayor be authorized to sign the warrants. The motion was'carried. C. ~COUNCIL'AND~COMMISSION REPORTS 1. Planning Commission - Recommendati on Re: Amendment of Ordinance NS-3, Relating to Non-Conforming Uses of Structures. The public hearing toconsider this ordinance amendment was set for October 15, 1975. 2. Councilman Brigham'-~R._~ortedjelection of officers at Policy Planning C6~'iSs~on Meeting of August 28th, as follows: Bob Meyers, Cupertino - Chairman; Wayne Wengert, Morgan Hill - Vice Chai'rman; Ruth Koehler, Morgan Hill; and Mr. Brigham. Mr. Brigham indicated he was also chosen Ohairman of the Sub-committee on Transportation 3. Councilman Brigham - Reported information woul'd be forthcoming soon to the'Cities on Solid Waste Management. 4. Councilman Brigham - Reported the Needs and'Assessment Buildi.ng Project is starting, and Councilwoman Corr would be hearing more abou~ this. 5. Councilman Brigham - Sub-committee on Social Concerns is going to have a report on Residential Health Service Facilities, which he indicated he would bring to the Council. 6. Councilwoman Corr - Reported on League of California Cities Meeting, at which time the City's proposed Resolution Requesting that the State Legislature Take an Active Role in Pro- viding Propenty Tax Relief~hrOugh Property Tax Reform was. passed; however, the othersresolution (Resolution ReqUesting that the State Legislature Provide Funds to Support Inter-Ci~ty Rail ~ansi.t for Commuters by Existing Local Lines to Relieve the'Dependency on the Automobile) .was setsaside for further study'and action at a future d~te.. D. DEPARTMENT HEADS AND OFFICERS 1. Building Official - Report Re: J.F. Zeid Matter The City Manager explained that a letter was considered at the last City Council Meeting from Mr. Zeid, at which time it was asked that the staff prepare a report for this meeting. The letter requested compensation from the City for two reasons: l) Rertaining to Building Site Approval which he received and subsequently built a house"on this lot, on which he has experienced some drainage problems. He is claiming that the City gave him untrue information prior to the purchase of this property. 2) Claiming that the City made accusations that Mr. Zeid built his house without City approval. He is requesting the Ci.ty rescind the requirement to pay $590.00 and refund him for fees already p~i~ H~ then ~el~"~he history of this matter (Building Official's memorandum, dated August 29, 1975). The City Manager indicated it would be his recommendation to advise Mr. Z~id that the City is not in a position to rescind the requirement to pay the $590.00 and refund those fees already paid, and that if he wants to take the matter any further, he should file a formal claim against the City. He further indicated he had notified Mr. Zeid in writing that his letter would be considered at this meeting. It was moved'by Councilman KraGs and seconded by Councilman Brigham the City Manager's recommendation on this matter be approved. The motion was carried. 2. Director of Community Services - Recommendation Re: Community Center Instructor's Agreement It was moved by Councilwoman Corr and secondedby Councilman Kraus the Community Center Director be authorized to act on behalf of the City in signing the Community Cente~ Agreemen~ for Special Services. The motion was carried. 3. Director of Public Works - Reported that representative of Cal-Trans has notified the City the_State expects to accom- plish the~an~l?~atiO~s.~i~ihg~.TH~T Highway 9 1 ~t-~n'proj~£'~i thi=~'~h~ ~6~xt six weeks. 4. Director of Public Works - Sig~alization at Reid Lane and Highway 85 Reported that he has been recently informed that one of the revi~i'ng agencies is leaning towards not approving the revised program, which would allaw this project to be included under the revised F.A.U. project; therefore, the program would r~vert back to the original F.A~U. program, which does not include Reid Lane. Mayor Bridges commented that the Transportation Commission had indicated its support of the F.A.U. project as revised, and the Council would be hearing more about this action in the near future. E. CITY MANAGER 1. Report on Cost Benefit Study Re: City Services - Parker Ranch E.I.R. The City Manager indicated he would first like to comment on another element discussed at the public hearing on August 26th, relating to a transit element in the E.I.R. It was understood-that the County Transit District had prepared such an element; however,'he has been advised this is not the case, and the Transit District staff will not prepare such an element; however, they would review the E.I.R. and~a~=~69~a~nents. - 5- City Manager Reports (Cont'd.) He then indicated that pursuant to the City Council's request o.f August 28, 1975, to provide a cost revenue analysis..and additional economic data for the Parker Ranch E.I.R., it has been estimated approximately 186 man hours would be necessary to produce. information costing, the equivalent of $2;'~00. As indicated in the City Manager's memorandum, dated September 3, 1975, there is some concern that once this work is completed, many questions will not be answered, due to inexact information and data base available for such a study; however, they would proceed with this analysis,~if the Council so desired. Councilman Kraus expressed som~ Concern in certifying the completeness of the E.I.R. without the benefit of knowing how much the project would cost the City, and indicated he felt much of this study could be conducted by the developer. Mr. Beyer explained that the City Staff would still be responsible for providing this information as it is "in-house'! information. After considerable discussionC h 'm t e /it was the concensus of the Counc i 1 to rev i ew. t~'(6~ (6~'{a i ~d'i n !th~ and direct-~h~-~-~O'~rep~ ~7~bas~:~n certain pr~jectea cost ~assumpt~ons, and report this i.nformation at the nex~ regular meeting of the Council oneSeptember 17-, 1975...It was,also t~e Council's feeling this data ~. ~hould be independent of the E..I.R. 2. Civil Defense On-Si~e Assistance Report "'~ "' The Council indicated it would 'like to further review this report at the Committee of th~ Whole Meeting on September 23, 1975. It was moved-by Councilman Brigham and seconded by Councilwoman Corr the Mayor be authorized to execute the sign=off page for On-Site Assistance recommendations. The motion was carried. 3. Annual Crime Report The~CitV Manager reported the crime statistics for Fiscal Year 1974-75, Burg~arY]L~T'de~rea~ed f~m i,9.9%,=reduced b~ 92.occurrenc~ .... ~~II ~ Assaults'~-~ d~d ff~ ~2'tb=l'li'AUto THeft~C~ased'~fdm 71 'to 49 Traffic Accidents - increased by 24 incidents; Traffic Citations increased by 685. VII. COMMUNICATIONS A. WRITTEN 1. Cdpy of a letter to the Director of Public Works from Donald K. Norling, 21000 Comer Drive, requesting the City investigate potential watershed problems that could be created by the Hunter Development - Public Works directed to reply, with a copy of reply to City Council. 2. Carol Ann Butler, Deputy City Clerk, City of Sunnyvale, enclosing a certified copy of Resolution 259-75, passed by the Sunnyvale City Council, pertaining to the Summary Map and Open Space Recreation Element Map in the 1972 General Plan. - Noted and filed. 3. Engineering and Gradi.ng Contractors Assqciation, 1517 "L" Street, Sacramento, and Builders' Exchange of Santa Clara County, 400 Reed Street, Santa Clara, urging the City Council to reconsider their decision to reject all bids and award the contract for the Seal Coat and Overlay Project to the lowest bidder. - The Council agreed to'follow the City Manager's reco~endation to accept the new bids as scheduled on Sept~ber 8th, and consider this request to reconsider the Council's previous decision at an Adjourned Regular Meeting on Sept~ber 9th, at which time a determination could be made to accept or reject the n~ bids. - 6 - B. ORAL 1. Robert Van der Toorren, 14555 Horseshoe Drive, Re: a) Saratoga's new Chamber Orchestra to be performing. at"Montalvo. b) Observations of Council-appointed committees and co~issions and delegation of authority, and suggesting possible ambiguities in the Ci~ Code relating to delegation of authority. Mayor Bridges recognized .the presence of~bli~Tg~r~resentatiVes in the audience, as follows: ~ " ~ ..... Don Siffeman, President, Manor Drive Homeowner'~ Association; Gene Zambetti, Planning Commissioner; John Powers, Chamber of Co~erce; Marjorie Foote, A.A.U.W.; Nancy'McDonald, Republican Central Co~ittee of Santa Clara.Count; and Julie Bl'ake, Good Government Group. VIII. ADJOURNMENT It was moved ~ Councilman Brigham and.seconded ~ Councilwoman Corr the meeting be adjourned to an'Adjourned Regular Meeting on Tuesday, September 9, 1975. The motion ~as carri!ed. The meeting was adjourned at 10:20 P.M. Respectfully submitted, 7