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HomeMy WebLinkAbout10-07-1964 City Council Minutes 0 ~cAP~TOGA CITY COL~CIL SUI'~I~-~RY OF :IINUTES TI~-Z: Uednesday, October 7, 1964 - 7:30 P. ~LACE: Saratoga ~i~h School Ca~e~i~ llerriman Avenue, Sarato%a, California I~PE: Regular ~eeting I ORG~IZATIOi~! ~ayor Glennon called the meetin~ to order at 7:35 P. A. ROLL C~L Present: Councilm~n Glennon, Drake, llartman, Burry, Tyler Absemt: ~]one B. I~]UT~S ~e~ular (1) Subject to correction of two typographical errors, It was movea Mtg. by Co~cilman Tyler, seconded by Councilman ilartman, and unanJmous!y carriad to waive the reaaing and approve the minutes of the regular meetinZ of September 16, 1964, as wri'tten. (2) It was moved by Councilman Tyler, seconded by Councilman ~!artman, Special a~d unanimously adopted to ~.~aive the readin~ and approve the ]-It~. minutes of the special meetin~ of October 1, 1964, as written. II BIDS ~ND COI~T~CTS A. ~PORT OF BIDS PZCEIVED ON CIVIC CE~TER PA~(I~]G ~]D !..~I~.~AYS Civic ~e City Administrator reported the bids as follows: (1) O. C. Jones Center $14,567.27 (2) Guerin & Olmsted - $14,372.41 {3) Petersen Brothers Pavin~ $12,594.45 (4) I]oward i[aldeman - ~10~69~..00 (5) ~cCarthy & ~eport Spiesman - $12,914.49. ~,[r. }lanley then read the protest filed by ~r. of Bids Grim of Petersen Brothers and the ~layor directed the matter ~eld over until the City Atto~ey has a chance to revie~,~ the protest. ~PORT OF BIDS ~CEI~B O~I STP~ET PROTECTIOn] PROJECTS The City Administrator reported that four bids were received on the Repor~ street protection projects for embankment and rib-rap work,on .Q~ito of bids ~nd Pierce Roads: (1) O. C. Jones - $11,724.20 (2) .F~ Istdore - Street $5,795.20 (3) Chaides Construction Co. - $12i519.76 (4) Petersen Protection Brothers - $5,448.90. ~r. HanIey noted that the Director of Public Projects Works has been negotiating with the County Flood Control Distridt in an effort to obtain their financial assistance in connection with the creek work but so far has been unsuccessful in this r~ard. Co~cil- man Drake questioned the possibility of a discrepancy in the bids ~ue to the wide range of the bids ~d was advised that the tmo lo~,z bidders have fill available to the ~ork site and the hi~her bidders do not this could accost for the difference in the bids. After discussion, it ~¢as moved by Co~cilman Drake, seconded by Councilman Burry, ~d unanimously ad~pted to accept the low bid and authorize the ?'Iayor to execute the contract ~.~ith Petersen Brothers for the work as bid. III PETITIOiIS, O~I~'~ICES ~.[D FO~-~ ~ZSOLUTIO~]S A. ~SOL~IO~ ~]O. 205 - Continued from Sept. 16, !964 meetin~ Res.205 i[r, H~ley indicated that this resolution~ awardin~ the contract for Awarding Chester Avenue improvements, had been held over from the last meetin% Bid - at the request of the engineers, atto~eys and p~titioners for tha proF. Chester ject and tbat after review, there is no objection on the part of the Ave. - City or the engineers ~d attorneys to m~ardtn~ the bid. to the low Petersen bidder, Petersen Brothers, for ~he total amount of $67,431.10 Brothers It was moved by Councilman ~rake, seconded by Council~a~'Hartman, a~d ~animously carried to adopt Resolution ~]o. 205, award~Bg the contract for Chester Avenue Improvements to the lo~ bidder, Petersen ~rotbers. -1- B. RESOLUTIOil ~IO. 200 Res. 200 Mr. Ilanley reported that he had contacted ~r. Stuart and Mr. Mclntyre Sani. Dist. Saratoga's members of the Committee appointed to study a:~d submit a #4 Eng. recommendation regarding the County Sanitation District #4 and that Report they have held a series of meetings to study the matter and expec~ to have a full report for the next regular council meeting. Uith no objection, Hayor Glenncn ordered the matter continued ~o the next meet ing. IV SUBDIVISIONS A}]D BUILDING SITES A. SDR-491 - JEPdlY iq. BROADUS SDR--491 Broadus It was moved by Councilman Drake, seconded by Councilman tlartman, and unanimously approved to adopt Resolution no. SDR-49t-1, approving one lot on Bohlman Road as a building site, subject to receipt of the recorded survey map, B. SDR-475 - JOtiN DURIIA~! SDR-475 After discussion, during ~,~'hich Mro !lanley reported that all Conditions Durhmn have been met, fees paid, and bonds posted, it was moved by Councilm~n~r~ seconded by Councilman Drake, and unanimously adopted to approve ene lot on Via Regina, SDR-475, as a building site. C. SDR-483 - FlUIS E. WILKINSO~, SDR-483 It was moved by Councilman Drake, seconded By Councilman Hartman, and Lrilkinson unanimously approved to adopt Resolution rlo, SDR-483-1, grantin2 build- ing site approval to Finis E. Ui!kinson, Jr, for one lot on Via Re~ina. D. SDR-251 - ~.RLA~I POPOVICH SDR-251 Upon the recommendation of the Director of Public Uorks, it was moved Poperich by Councilman liar _.an, seconded by Councilman Tyler, and unanimously tm Release adopted to authorize release of the bond posted to ~uarantee construe- of Bond tion of improvements required as a condition of building site approval. E. SD-465 - TP~.CT 3729 - TEREA LADEPJt UIIIT ~IO. 1 The Council studied the final map and plans for a 16 lot subdivision SD-465 off Canyon View Drive. Planning Director Stanley Ualker pointed out Final that the lot sizes exceed one acre and that each lot has a site Map development plan which ~as carefully dra~,yn in an effort to reduce ~.pproval cut and fill and to save as many trees as possible. tle further indicated Tr.3729 that this is the first development of this type ~.yhich was subject to the recently adopted grading and excavation ordinance and that the maximum grade on the drives is 15% which is within the hillside ordinance provisions. After brief discussion, it was moved by Councilman I!artman, seconded by Councilman Tyler, and unanimously approvad to adopt Resolution 1,]o. SD-465-1, approving the final map for Tract 3729, Terra Ladera #1. II BIDS AND COMTP~CTS -. Continued from earlier on agenda A. REPORT OF BIDS PjZCEIVED O!~l CIVIC CEUTER PAP~KIMG AI=~D WALKWAYS Civic l.layor Glennon announced that the Council had returned to Item II-A, Center report of bids on Civic Center paving and pathways and asked the City Paving Attorney for his comments. The City Attorney reported that he was uot Bids - sure about the meaning of the protest since, although TIt. Haldeman Ilaldeman has a B-1 license, he listed on his bid a sub-contractor ~rith a C-12 license which is all ~hat is required to perform the kind of work called for in the plans and specifications. Mr. Fichard !~. Grin, partner in Petersen Brothers, stated to the Coup_cil that he had discussed the matter with a i[r. Harry Abrmns of the State Contractor's Board in San Francisco who was of the opinion that a contractor with a B-1 license could not properly bid this kind of Job. In response to questions from the City Council, ~Ir. Grim indicated that the effect of a C-t2 sub-contractor being listed on the bid was not discussed -2- with ~r. Abr~ns. The City Attorney indicated that the fact that the bid was in pencil presented no legal proble~ but that he would appreciate havtn? time to research the llcensin~ guestion raised by ~!r. Grim. The Director of Public Uorks pointed out that there was a discrepancy between the sub-total listed for the electrical work on the contract and an extension of the unit Drices in this portion of ~he bid. l~e pointed out that the sub-total for the electrical work exceeded the total of the extensions of the unit prices involved in the electrical portion of the work, the sub-total being written as $1759 and the total of the extensions of items 6, 7 and 8 bein~ $696.20. l!e stated that the sub-total of $1750 had been used in arrivin7 at the total listed bid of $10,694. The Director of Public l~orks reported further that he had discussed the matter with Nr. ltaldeman, that ~Ir. ~lalde~an had stated that the unit prices reflected materials only while the listed sub-total of $1750 included labor and installation costs and that ~ Ha!deman had stated that the unit prices reflected materials only while the listed sub-total of $1750 included labor and installation and costs and that ~Ir. l!aldemsn had indicated he was willing to stand by his bid of $10,6~4. Councilman Drake expressed the oPinion that the difference between the two fiaures was clear and that there could be no reasonable dispute about the intent of the bidder in this re~ard. In the liaht of the City Attorney's comments it was therefore moved by Councilman Dr~e, seconded by Councilman l!artman and unanimously adopted that the lo~ bid of tloward tlaldeman of $10,694. be accepted on the condition that the City Attorney verify that in his opinion ~lr. lialdeman is a qualified bidder and based upon this condition the Mayor be authorized to execute the contract with }~r. Haldeman. V PUBLIC HEARINGS - 8:00 P. N. A. ORDIN~ICE NS-3.7 ~!r. Itanley read the proposed amendment to the zonin~ ordinance Ord.i~S-3o7 relating to accessory structures in rear yards, signs in com~nercial accessory districts and standards on design review for residential districts. structures in rear Ilayor Glennon declared the public hearin~ opened at 8:40 P. lY. and yards - directed that the material in the Plsnnin~ Commission file be entered signs in as evidence. lit. !lanley indicated that one communication had been C zones - received in response to notice of public hearin~ and, at the direction design of the ~.!ayor, }~r. Uanley read a letter of protest frmn I.!r. Leonard Review Feldhym of 20841 Franklin Avenue, and noted that the basic ~rounds R zones of objection had also been si~ned by a nu~,bar of other individuals. The letter primarily protested the proposed restrictions reRardin% roof construction and roofinS materials. T~o other written communication had been filed and as no one present responded to the ~layor's invita- tion to address the council, it ~as moved by Councilman Drake, seconded by Councilman }Iartman, and unanimously adopted to close the public hearing at 8:47 P. M. Nayor Glennon and Councilman !lartman expressed the viex~oint that they thought the proposed amendm. ent as it pertains to roofs was not in keeping with the City's Dolicy of tryin~ to have some design control without unduly restrictinR variety of construction and design. The Council concurred that it ~ould be well to study the proposed amendment in an effort to control design as much as possible but with flexibility re~ardin~ specific materials and desi~m. In the light of this discussion~ Councilman Drake withdre~ his motion to close ~he public hearing, Councilman Hartman withdrew his second and the Mayor, with council approval, referred the matter to the Planning Committee for review and recommendation and continued the public hearing to the next regular meeting. B. OP~INi~.ICE !!S-3.8 ~Ir. Henley indicated that this proposed amendment to the zonin~ Ord. ordinance requiring use permits for gasoline service stations in C-C N S-3.8 and C~N zoning districts would be a permanent ordinance to continue Use Permits- the present reBulations of the emergency ordinance adopted some time ago, gas stations Mr. H~nley then read the proposed amendsent and Mayor Glennon declared in C zones the public hearing opened at 9:00 P. ~. and directed that the Plannin~ -3- Conm~ission file be entered as evidence. The City A~ministrator reported that no written cora~untcations had bee~ received and no one present responded to tile ~Iayor's invitation to speak re,~,ardinZ the proposed amendPe~1t. It was ~,oved by Councilman }lartm~.n, seconded by Conncilman ~ler~ to close the public hearing. P~otion carried unanimously at 9:04 P. M. and the Mayor directed] the record to indica.~e that the ordinance was introduced and continued to the next regular meeting. VI AD~iINISTRATIVE ~TTERS A. !/F~YOR ~o reports B. FINAtl CE (1) It was moved by Councilman Drake, seconded by Ceuncilman Tyler, Bills and unanimously adopted to approve the disbursements on the list dated October 7, 1964, for a total amount of $33,521.92 and authorize that warrants be dra~.rn in oayment. Finance (2) The City Clerk's Financial report and the Treasurer's report Reports for the month of August were received and accepted. Recess: 9:10 P. M. Reconvened: 9:20 P. M. C. CO~ITTEE REPORTS McUhorter- (1) Councilman Drake reported that the ~tsnaZement CoF~aittee had Young - studied informal bids for council and staff furniture for the new Council council chambers and recommend that the proposal from I~TcUhorter- Furniture Young~ Inc. be authorized. It was moved by Councilman Drake, authorized seconded by Councilman Tyler and unanimously approve.d to authorize the City Administrator to purchase the furniture described in the proposal from T~cbqaorter Young, I~c. dated October 5, 1964, for the quoted total price of $1977.57 plus sales tax. (2) Councilman Drake renorted that the audience chairs for the Council council chambers cannot be installed as expected by November 13 Chambers 'unless the council is willing to compromise on colors and Seating quality of materials and that it is the recommendation of the management Committee to accept the estimated two week delay rather than accept seating of lower quality. He indicated that this delay would result in extending the expected date for completion of the council chambers to December I, 1964. Mr. !lanley stated that he had discussed this possible delay with Mr. O'Neil of the Los Gatos Symphony and that }~r. O'Netl had indicated that, even if they will not be able to postpone their scheduled first few performances, they are still anticipating taking part in the council dedication program. The Council agreed that it would be best to delay completion of the council chambers for a few weeks rather than compromise on quality of seatin~ facilities which will serve the City for some time. (3) Councilman Hartman reported that after studyin~7 the matter of Wildwood the Uildwood ilei~hts street deficiencies and after meeting with Heights Mr. Palm, the developer and Chairman of the Board of Directors Streets of the Sarato%a Heights ~.~utual tTater Company, and with ~-qr. Saylot, Repair representin~ the residents of the development, it was the decision of the Committee that the permanent repair work described in the Public Uorks Director's report of Sept. 16, 1964 be undertaken by the City if the Uater Utility ~ould aeree to pay 1/3 of the cost up to a maximum of $12C, 0 to compensate for that portion of the street damage caused by water leaks in the system. Councilman llartman further reported that ~%r. Palm had indicated that he would check this proposal with the Board of Directors of the utility and report their decision, and that it was the further -4- recomF, endatfon of the Comnittee thst, ~ ~ the repair and ~e~ntenance work is done on the basis suS~ested, the City Council accept the streets in %IildiIxood ~sei~hts as public streets as soon as the water utility pays its share of the cost. ?~r. ilanley reported that he had spoken to ]vr. Palm today and had been informed that the Utility Board of Directors had approved this procedure and are willin? to participate up to a maximum of $1200. After discussion it was moved by Councilman Hartman, seconded by Councilmsn ~urry, and unanimously aDproved to authorize the Uayor to execute an aqreement l~ith the utlllty company for repair of the streets on the basis recommended by the Committee, with the understandin~ ~hat the city will accept the streets for maintenance subject to the utility company assumin5 responsibility for any future problems resulting from failure of the water lines. (4) ]~Ir. Hartman reported that the Planning Committee has continued Youth its review of the proposal for a Youth Center on the Civic Center Center- site and needs to have further discusstons~ particularly re~ardin~ Civic cost and procedure and it is expected that a report and recedeadd- Center tion will be mzde to the council within the next two months. (5) Councilman Burry reported that the Public Uelfare Committee met School regarding the school pedestrian study and that initial safety Pedestrian measures, such as cross-walks, have been taken at each of the Study intersections recommended in the traffic study prepared by the Director of Public Works. Councilman Burry further indicated that the Committee has asked for additional dates including costs of various recon~endations and that a final report and recommendation on this matter will be submitted at a later date. SUb-Committee (6) Councilman }|artman reported that although the Sub-CoImn~ittee Uater of the Santa Clara County ~ater Commission has been meetinc for Commission several months there is nothing to report other than that they are investigating various methods of a~reeing with San Jose Water Works to determine proper rates, etc. and that some arrangement will probably be ~mrked out within the next two or three months. D. DEPAR~,~NT tIEADS AND OFFICERS (1) C-66 - JOSEPH P. LONG C-66 L on~ - The Planning Director read a report from the Planning Commission delete regarding a request from TIr. Joseph P. Long that the condition Cond, of rezoning which requires that a restaurant be built at the of rezoning same time or prior to the proposed office buildings on the old Ord.NS-3-ZC-21 Saratoga Inn property be eliminated. I.%r. Ualker also read the recommendation that the request be granted in accordance with the recent council action in grantin~ a one year extension to Carl Dozier for the conditional rezoning of a portion of the old Saratoga Inn property. A 'After discussion, it ~as moved by Councilman Burry, seconded by Councilman Tyler, and unanimDusly approved to not enforce Condition IJo. 3 of Ordinance %~S-3-ZC-.21. Const. (2) The Director of Public l!orks recomnended construction acceptance Accept. of Tract 3093, ].~ntecito Glen and Tract 3485s Uontalvo Terrace, Tr.3485 and it was m~ved by Councilman llartman, seconde~ by Councilman Tyler, & 3093 and unanimously carried to adopt the recommendation and accept the improvements in the above two tracts for construction only. Const. (3) Upon the recommendation of the Director of Public Uorks, it was Ace ept. moved by Councilman Tyler, seconded by Councilman hurry, and SDR-411 unanimously carried to accept the improvements constructed & SDR-351 in connection with SD]~-351- Ix.:aFaki, and with SDR-411 - Desmona Johnson, for construction only. -5-- Cox Ave. (4) The D~rector of Public Works indicated that the previously Bridge scheduled opening of bids for the Cox ~enue bridge over Saratoga Bids Creek has been postponed to resolve a question regardin? the design with the State and it is expected tha~ the matter will be settled soon. (5) After discussing the advisability of either callin~ for bids or !~ildwood having the City crew do the required street improvement wo~c in lleights I~il~ood t!eights, it was the stated sense of the council that the Street Staff be authorized to call for bids for the work or do the work Work ~ith the City's o~m cre~, whichever the Staff feels feasible at the time. B rookview (6) The City Attorney reDorted~ as a ~atter of interest and S{~ool - infor~.ation, that after several years of negotiations~ the Storm Water Brookview School has paid the storm rarer fee required for Fee their building site approval. E. CITY AD~ZINISTPATOR (1) SDR-514 - ~JO COF~OP~TION SDR-514 P~jo Mr. Hanley stated that due to an oversight SDR-514 was not placed on the aganda and that all conditions have been met, bonds posted Corp., and fees paid with the exception of recordation of the survey map and obtaining the necessary encroachment permit for the highway work adjacent to the site. It was moved by Councilman Tyler, seconded by Councilman Burry and 'unanimonsly carried to adopt Resolution SDR-5i4-1, granting building site approval for one lot in the C-S district on Saratoga-Sunnyvale Road, subject to the two conditions outlined. (2) ~!r. Hanley reported that the Santa Clara County Tax ~ollector ~thorization has requested official permission t6 proceed with the sale of to County to a tax deeded parcel (Lot 23 in Uildwood l~eights) and explained sell tax that without formal council approval the law requires that the deeded land Collector's office wait 30 days before advertising and the Council's permission would facilitate the sale of the property and get it back on the tax rolls. It was moved by Councilman Burry, seconded by Councilman Tyler, and unanimously approved to authorize the County to proceed with the sale as requested. (3) The City Administrator reported that the heat pump units at the heat pumps- City offices have been a source of consistent difficulty, authorize requiring extensive maintenance costs and do not function properly. to go to Mr. ilanley further reported that, at his request, the Buildin~ bid on Department had studied the system and dra,~m specifications for Econoalre a system ~hich should operate effectively. The recommended system is an Econoaire which heats by gas and cools by electricity and the amount budgeted for overhauling the present system should be sufficient to cover the cost for the Econoaire. It was moved by Councilman ~{artman, seconded by Councilman Burry to authorize the City Administrator to advertise for bids for the Econoaire system described. ~tion carried unanimously. County (4) ~llr. Henley advised the Council that he had noted that the annexat~n. County of Santa Clara has filed a request with the Local Agency portions of Formation Commission to annex portions of Prospect Road and Ouito Prospect & Road to Saratoga. !]e pointed out that these are areas where Quito Rd. the only unincorporated territory consists of the street right-of-way and the County is seeking to get rid of the street maintenance responsibility where it has no ju~isdiction over any abuttin~ land. ~r. itanley explained that after the Local Agency Formation C~nmission has comD!eted its procedure, it will be necessary for the City to consider the proposed annexation. ]laldeman- (5) lit. llanley reported that Howard ]{aideman has offered to construct construct the council platform for the new Ch~2bers at cost ($3783) in order council to keep his staff busy until their next ~ob. After discussion platform of the plans, it was mDved by Councilman Drake~ seconded by Councilman Tyler, and unanimously approved to authorize the City Administrator to en~a~e r~r. Y~aldeman to do the work, Sub- ject to review and approval of the design by the [~anagement Cornm~ittee. ~ '~'VIf' COMMR]ICATIONO, A. URITTEt'] (1) CA14PBELL D]~IlO~I SCHOOL DISTRI~ Campbell Union School With no objection, ~,rayor Glennon directed the co~unication from District - C~pbell Union School D]strtct requesting a crossin~ quard Crossing at Quito Road and Ilavenwood Drive referred to the Public ~elfare Guard Committee for study and recomendation. Request Mayor Glennon noted that although the City had objected strongly to the location of the Marshall L~ne School and tried unsuccess- fully to influence the School District to construct their school in a safer, more accessible location, he felt that the primary conce~ of the council is, as it was originally, to protect the children and study the present problem as it now exists. (2) Mr. !lanley read a letter, dated October 6~ 1964, signed by Constance C. Yatsko, Jean Bellis, Dorothy M. ~itler and Patricia Highway 9 ~drigues, requesting a safe crosswalk at 1~ighway 9 and Reid & Reid Lane Lane. Mr. it~ley explained that a Foothill school student had School been hit in the crosswalk recently and pointed out that he had Crossing investigated the matter and found that bus se~ice is provided for all Foothill school students who must cross Ilighway 9 and that when the parents prefer to have their child walk, they ~st file a waiver with the school and that this had been done in this case. lit. Hanley also explained that the crosswalk and the safety warnings to motorists are under the juriddiction of the State Hig!nzay Department and that it would appear that all reasonable precautions had been t~en by the State to wam motorists of an approachin% school crosswalk. Further, I.!r. llanley pointed out, the City, State and School had a~reed some time ago that the safest p~ethod of crossing the elementary school children at this location would be by bus and that the school has adhered to this a~reement except in those cases where written waivers of responsibility were filed with the school by the parents. A number of telephone reGuests were made, Ur. !lanley continued, for ~ adult crossin% guard to cross the high school students as well as the elementary students and that he had found, upon investigation~ that there are no crossing ~uards for any hi[~h school students in the 9 bay area co~ties as it is assumed that hi%h school students are sufficiently responsible to exercise due cautio~ in crossing streets~ I'r. libriley expressed the opinion that in this case there seemed little excuse for the driver to fail to stop or be aware that a person was in the crosswalk. The Council discussed the matter at length with Louise T~orro~.r of Uilli~s Avenue, Mr. Thornton of Uillims Avenue, T~rs. Ewing of Willi~s Avenue, 5rid Jean ~Toyles of Reid Lane, and concluded that the matter needs thorough investi?ation as to the placement of the cross-walk, adequate warnings of a school cross walk, speed zones, etc. and with no objection, Mayor Glennon referred the matter to the City A~inistrator to contact the agencies ~nvolved, confer with co~cil comittees if he wishes, and collect the necessary data for the council to make a decision in the matter. Lloyd J~ieson, 18644 Paseo Pueblo, expressed concern that some resid- West Valley ents might misinterpret the Co~cil's resolution reRardinK the pro- Junior posed ~,Yest Valley Junior College site at Fruitvale Avenue and Allendale College Avenue, ~d suggested that a letter be written to the District indica- C~pus ring a willingness on the part of the Council to re-evaluate the pro- blem of the proposed cmpus site should new factors and circumstances come to light. ~e l'~yor thanked ~ir. J~ieson for his suggestion. Mayor Glennon acknowledged , with pleasure the presence of Pl~nin~ Commission representative Dean Cowley and the Good Govemment Group representatives. VIII ADJOU~]i~NT It was moved by ~uncilman Bur~, seconded by Councilman Tyler, and un~imously adopted to adjoum the meeting at 10:45 P. U.