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HomeMy WebLinkAbout05-05-1965 City Council Minutes SARATOGA CI~ff COL~ICII. S~.~ARY OF MINUTES TIME: Wednesday, May ~ 1965 7:30 Po M~ PLACE: Saratoga City Council Chambers~ 13777 Fruitvale Avenue~ SaratOga, Callfo TYPE: Regular Meeting I ORGANIZATION ~yor pro tom Drake called the meeting to order at 7:30 P. M. A. ROLL CALL Present: Councilmen Drake, Hartmnn~ Tyler~ Burry Absent: Councilmall Dlennon B. MINUTES It was moved by Councilman Burry, seconded by councfiman Tyler and Minutes' unanimously carried to waive the reading and approve the minutes of the April 21, 1965 meeting as written. II BIDS AND CONTRACTS A. AMENDMENTTO COOPERATIVE AGREEMENT~63~48H25 Cooperative Mr, Henley explained that this is an amendment to the City~ ~greement Agreement with the State relative to flood relief and that in effect i~ ~xtends ~63-48H25 the time for performing the work and increases the estimate oE costs Flood for storm damage work eligible for State.financial assistance. It Relief was moved by Councilman Burry, seconded by Councilman Tyler and unani- mously carried to adopt Resolution No, 248, authorizing the Mayor to execute the amended agreement as presented, III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 239 Res. 239 Tile Clerk indicated that Resolution No. 239 has been drafted~ as directed Changing at the last meeting~ for Council consideration of changing the street Street name Ethel Ann Way to C0dy Lane. Mr, Hanley also reported that he Name received a telephone call fr0mMr, Cott~ll, attorney for Mr~ Polentz~ E$:hel Ann r~ques~lng that the Council defer action on the resolution for four Way weeks to allow him to review the matter from a legal standpoint. Mayor pro tom Drake acknowledged the presence of the interested parties and invited any who wished to do so to add to the comments which were presented at t~e last meeting. There bein~ no further evidence advanced by those present the Mayor pro toms with no objection, deferred the matter until the meeting of June 2, I965. B. RESOLUTIONS PERTAINING TO SARATOGA AND COX AVENUES STORM DRAINAND SANITARY S~qERAGE PROJECT Saratoga & Mr. Henley reported that the Director of Public Works and Mr. Kenneth Cox Ave, Jones of the legal firm Wilson, Jones, Morton sn~E~nchs were at the Projects present time reviewing the details of the plans ~nd specifications with the Engineer of Work and Mayor pro tom, with Council approvals deferred Items III. B. and C. relative to improvement projects for Saratoga and Cox Avenues until these gentlemen arrive at the meettng~ IV SUBDIVISIONS AND BUILDING SITES A. SDR-554 - MICHAEL E. PURCELL SDR-554 Purcell The Clerk rep~ted that all fees have been paid, bonds posted and conditions met in connection with the application of Michael E. Purcell for building site approval of one lot on Pierce Road, It was moved by Councilman Tyler, seconded by CoUncilman Hartman and Unanimously carried to adopt Resolution No. SDR-554-1, approving the building site~ V PUBLIC HEARINGS None VI ADMINISTRATIVE M&,TTERS A. MAYOR No reports B. FINANCE Bills It was moved by Councilman Tyte~seconded by Councilman Hartman and unanimously carried to approve the disbursements ou the l~st dated May 58 1965 for a total amount of $25~552o72 and authorize that warrants be drawn in payment, C. COUNCIL COMMITTEES In answer to a question from the Mayor pro tom, Mr. Hanley reported B~siness that the Management Committee~ as directed by the Council~ has been & Solicitors considering the question of a regularcry measnre to control solicita- Ordinance tion coupled with some kind of business registration device° The Conunittees b~. Hanley continued~ has explored various approaches and transmitted a rough outline of recommended provisions to the City Attorney for drafting of the required ordinance° M~..'~ Johnston reported that this type of ordinance differs from those which most cities have and that it willbe several weeks before his office completes D. DEPART~ZNT HEADS AND OFFICERS (1) The City Attorney reported that condemnation proceedings were Saratoga. filed today relative to the Cox-Saratoga Avenue project and Cox Avenue Mr. Hanley outlined the anticipated timetable which would allow Condemnation beginning of construction by around July 1 if the final formation proceedings of the districts and award of bids can be accomplished at the June 16~ 1965 meeting. Mr. Hanley explained that every effort is bein~ made to expedite this matter to avoid having to retrace financing steps which would be required if the work is not scheduled for this fiscel year. III. B. & C. RESOLUTIONS PERTAINING TO SARATOGA AND COX AVENUE IMPROVEMENT PROJECT AND SARATOGAAND COX AVENUES STORM DRAIN AND SANITARY SEWERAGE PROJECT The Mayor pro tom announced that the Director of Public Works is now Saratoga & prepared to submit his reco-~,endations regarding these items which Cox Avenues were continued from earlier on the agenda. Improvement Project & Mr. Huff reported that he reviewed the plans and specifications for Storm Drain these projects with Mr. Jones and with Mr. Jack Stewart of Creegan & Sanitary and D'An~elo and that~ with the exception of the resolution callin~ Sewerage for sealed proposals in each case~ the resolutions preliminary to Project formation of the Saratoga and Cox Avenues Improvement project and the Saratoga and Cox Avenues Storm Drain and Sanitary Sewerage Project are ready for adoption. Mr. Kenneth Jones confirmed approval of Resolutions 240, 241~ 243, 24~ 245 and 247 and Mr. Huff explained that Resolutions 242 and 246s calling for sealed proposals for the two projects would be ready for consideration at the next meetins but must be deferred at this time pendin~ State Division of Highways approval. Mr. Huff indicated that the only major change in the plans is a revision of the intersection of Fruitvale and Saratoga Avenues on the basis of ~he Wilbur Smith traffic access survey. He also indicated ~that although no traffic light is proposed at this intersections conduit will be installed for future installation and right of way acquired for future turn lanes, The City Attorney indicated that all six resolutions could be adopted by a single motion and it was moved by Councilman Tyler, seconded by Councilman Buzry and c~rried unanimously to adopt the following resolutions: -2- Res. 240 1) RESOLUTION NO. 240~ Resolution of preliminary approval of Engtneer's Report - Saratoga and Cox Avenues Storm Drain and Sanitary Sewerage Projecto R,aso 241 2) RESOLUTION NO. 241 - Resolution appointing time & place of hearing and directing notice - Saratoga and Cox Avenues Stolen Drain and Sanitary Sewerage Project. Res. 243 3) RESOLUTION NO. 243 - Resolution describin~ proposed boundaries of Assessment District and directing recordation of Notice of Assessment - Saratoga and Cox Avenues Sto~.~nDrain & Sanitary Sewerage Project. Rcs~ 244 4) RESOLUTION NO. 244 - Resolution of preliminary approval of Engineerrs report - Saratoga and Cox Avenues Improvement Project~ Rea~ 245 5). RESOLUTION NO. 245 - Resolution appointing'time and place of hearing and directing notice - Saratoga and Cox Avenues Improvement Project. Res. 247 6) RESOLUTION NO. 247 - Resolution describing proposed boundaries of Assessment District and directing recordation of Notice of Assessment - Saratoga and Cox Avenues Impz~vementProject. VI. - E. CITYADMINISTRATOR (1) Mr. Hanley reported that 362Modesto ash trees in the Quito- Quito area Saratoga Gardens area are diseased and that Pied Piper Company trees - has indicated that two spray applicationss at $1.00 per tree should Modesto Ash correct the situation. Councilman Hartman questioned the advisa- bility of spraying unless the exact nature of the disease is known ands after discussions it was moved by CoUncilman Tyler~ seconded by Councilman Drake and unanimously carried to authorize the Staff to proceed with whatever corrective measures are recommended by the County Agriculture Departments within the limits of the current budget. Santa Clara (2) A request for a contribution from the Santa Clara County S~fety Co. Safety Council was referred to the Management Committee for study and Council recommendation. D. DEPARTMENT HEADS AND OFFICERS - continued (2) Mr. Hanley read Resolution No. 249, authorizing certification }leso 249 of rights of way for Saratoga AvenUe and the Director of Public' Certification Works read the proposed letter of certification to be transmitted oE rights of way to the State~ It was moved by Councilman Hartman, seconded by Saratoga AVenue Councilman Burry and unanimously carried to adopt Resolution No~ 249 as reade (3) SDR-188 - MICHAEL DURKET SDR-188 Mr. Huff read a proposed minimum access road reimbursement agree- Durket ment for Michael Durket requiring future developers to pay a pro Minimum access rate share of the access road expense if the development occurs road reimburse. within the next ten years and the property benefits by the access Agreement road constructed in connection with improvement of SDR-188. The city Attorney indicated that this agreement is the standard form.approved by the Council several years ago and it was moved by Councilman Hartman~ seconded by Councilman Ty~r and unanimously approved to authorize the Mayor to execute the agreement as presentede (4) The Director of ~Blic Works reported that the developer of the Post Office was req~Ired to install a 12" pipe between the new Post Office post offlceand the existing storm drain system to the creek and pipeline - that the developer has not done so within the required time period. Sanco Pipelines He therefore reconxnended that Sanco Pip~lines be authorized t o Incorporated do the work at their bid of $1375. and the developer and Bond ing Company be billed for the cost of the work. Mr. Huff indicat~ed that the bid is reasonable~ the next bid being $2422. and tha.t with the highway conotruction starting now it isI essential that the line be put in ~ce~. The City Attorney advised that the refined form of the improvement bond and agreement which the City has been using'recently should insure that no enforcement problems arise. It was moved by Councilmen Burrys seconded by Councilman Hartman and unanimously carried to authorize Sanco Pipelines to install the line at the cost of $1375 and that the developer be billed for the work. Bids - (5) It was moved by Councilman Hartman, seconded by Councilman Burry Street and unanimously carried to authorize the Director of Public Works Maintenance to advertise for bids for the annual street maintenance program Frogram in accordance with the list of streets scheduled for reedtracing which was adopted by the Council several years ago. SDR-413 (6) It was moved by Councilman Burry, seconded by Councilman Hartman Bond and unanimously carried 'to authorize the release of the $850. Release bond posted by Mr. and Mrs. McEwan in connection with SDR-413. VIII COMMUNICATIONS A. WRITTEN S.J.W.W. (1) Mr. Hanley ennounced, for Council information, that he has on file Rate increase a copy of the San Jose Water Works application for an increase in rates to offset the cost of water importation pump tax. (2) Mr. Hanley called attention to copies of a letter fromMason Shaw and the attached list of property owners in the village area who Village submitted statements of opposition to the proposed offstreet off-street parking district in the village. Mr. Hanl~y indicated that parking although petitions are currently being circulated for the formation district of the district none have been filed with him for presentation opposition to the Council. At the request of the Mayor pro tem, Mr. Hanley read the letter from Mr. Shaw. dated May 4, 1965 and the Mayor pro tern then directed the matter deferred until such time as a petitions for the formation of the proposed off street parking district has been presented for Council consideration. West Valley (3) Mayor pro tem Drake indicat'ed that each Council member had a Junior College copy of a letter which Mayor Glennon drafted regarding the West District Valley Junior College District and Mr. Hanley read the letter and reported that if there is no objection ou the part of the Council the Mayor would like to deliver the letter to the Board of Trustees for its meeting Thursday evening. May 6. Councilman Hartman noted that the letter is in line with the position of other communitiess specifically the City of Santa Claras offering assistance in re-evaluating the matter of site selection and support for a capital improvement.bond issue. Councilman Tyler an& Burry also indicated they have no objection to the letter and Mayor pro tern Drake stated that as it is in keeping with previous Council action he would not feel it inappropriate to send it. B. ORAL Village (i) Mr. Mason Shaw filed with the Clerk an additional protests signed Parking by Frances Anderson, to be added to the' }ist of opponents to the proposed Village offstreet parking district.. (2) There being no one else present who wished to address the Council, Mayor pro tem Drake thanked Planning Commission representative Cowley for his attendance at the meeting and Mrs. Ruth 0wen for serving coffee on behalf of the Good Government Group. VIII ADJOURNMENT It was moved by Councilman Burrys seconded by Councilmen Tyler and unanimously carried to adjourn the meeting at 9:05 P. M. Respectfully submitted, ...... -~':'::': ',=" ':'~:""'. i;:"~ "':~;"~'~V:? .....