HomeMy WebLinkAbout06-01-1966 City Council Minutes CITY OF SAPSTOGA
SU~R~ OF
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T~: Wednesday, June 1~ 1966 7:30 P. Mo
PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave.~ Saratoga, Califo
TYPE: Regular Meeting
I ORGANIZ&TION
Mayor Glennon called the meeting to order at ?:30 P.Mo
A. ROLL CALL
Present: Councilmen Glennon, Hartmen, Tyler, Burry
Absent: Councilman Drake
B. MINUTES
It was moved by Councilmen Burry~ seconded by Councilmen Hartman and
Minutes unaninLeusly carried to approve the minutes of the May 18, 1966 meet-
ing, as written, subject to the modification suggested by the City
Attorney to paragraph 2 of Page 4o
C. Mayor Glennon acknowledged,.with pleasure, the presence of Mrs.
Buelteman of the Saratoga-Los Gatos League of Women Voters and of
Faber Johnston, III, whose Little League ball team had just won ~
game by 19 to O.
II BIDS AND CONTraCTS
A. REQUEST FOR AUTHORIZATION TO GO TO BID ON HAKONE IblPROV~v~NTS
Mr. Henley requested authorization to advertise for bids for improve-
Hakone merits to Hakone Garden consisting Of aCCeSs road~ electrical wiring,
Improvement sanitary sewer and water line with ehe ~nticipation that bids would
Bids be opened in late June and awarded at a speUial me~ting prio~ to July
1966. The Council discussed proposed parking plans, etco and
Hanley suggested that the Staff be authorized to go to bid subject to
the appropriate Council Committee~s review and approval. It will be
necessary to award the bid for this work prior to July 1, 1966, Mr.
Henley pointed out, in order to qualify for the Urban Beautification
fund~ which the Council aut~orized~ at the last meeting, to be sub-
stituted for the Highway 85 Landscaping projec~ in the City's app]ics.o
tion for Urban Beautiflcation funds. Action on this matter was
porarily deferred until after study of the plans which the Director
of Public Works will provide.
B. AZULE CHANGE ORDER NO. 1 - AZULE HOMESITES IMPROVEMENT PROJECT
Mr. Henley explained that the original plans for the Azule Improvement
Azule Project provided for terminiation of the sidewalk at Rodeo Creek and
Change beginning of sidewalk cn the other side. Analysis of this provisit~n
Order has led to the recounex~dation that footbridges be constructed across
No, 1 the creek at an estimated cost of $1591.60. This recommendation was
made in the light of the bid on the project which was substantially
below the original estimated cost for the project. Mr. Huff described
the type of construction proposed, which would utilize the existing
wing walls. It was reported that this item has not been discussed with
any Council Conduittee, and with no objection, Mayor Gteu~uon referred
the matter to the Public Welfare Co-~n~ttee for study and recommendation.
A. HAKOKqE IMPROVEMENTS - continued
The Director of Public Works presented a preliminary plan for Hakone
Ha~one parking and access road improvements and it was noted that the plan
Improvements provides for 64 parking spaces in the only ~eascnably level area which
Bids can be utilized for parking, be screened off and a~oid excessive grad-
ip~. Councilman Hartman indicated that he felt the plan should be re-
viewed by a qualified design landscaping architect and that he felt
this could be accomplished in a few days time since the engineering
work has already been done. Mayor Glennon advocated caution until a
really qualified Japanese gardener has studied the area to avoid the
SARATOGA CITY COUNCIL MINUTES - June 1, 1966
possibility of costly redesigning in the future. It was moved by
Councilman Tylers seconded by Councilman Burry and unanimously
approved to authorize the staff' to advertise for bidss subject to
Planning Committee approval of the plans°
C. CONTRACT FOR FOUNDATION & SETTING OF ARCH IN BLANEY PLAZA
Contracts - Mar. Hanley announced that the plans for landscaping the plaza excluded
Foundation the construction of a reinforced concrete base for the arch and moving
& setting the memorial arch to its permanent location and that, of several firms
Arch in x, lho do this type of workj a low bid was received from Leland Evans to
Plaza prepare the concrete base at a cost of $895. and from Kelley Brothers,
Inc. for the final moving and placement of the arch on the base at a
cost of $1200. Mr. Hanley indicated that these ~o items, totaling
$2095. would leave the total cost of landscaping the plaza at less
than the original estimate of $35,000.
It was moved by Councilman Burry, seconded by Councilman Tyler and
unanimously carried toaccept the proposals. of Kelly Brothers~ Inc.
and Leland Evans for the base work and final placement of the arch
as indicated above.
III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS
A. RESOLUTION NO. 331
Res. 331 . .:
Alt. Proc. The City Clerk presented ResolutiOn No. 331, being a standard procedural
for Light. resolution which tsladSpt~d each year adopting alternate procedure for
Dist. Taxes levying and collecting as~essmentS on ad valorem basis for SCL District
1~ Azule Lighting Distr~ct and Quito Lighting DIstrict. It was moved
by Counc,ilman Burry~ seconded by Councilmn Tyler, and unanimously
carried to adopt Resdlutio~ 331, as presented.
B. PETITION FOR STREET ASSESSMENT DISTRICT ON SARATOGA HILLS ROAD
The Council reviewed copies of a petition for the formation of an
Petition assessment district for the installation of standard street improve-
Saratoga ments on the southern leg of Saratoga Hills Road. Mr. Hanley indicated
Hills Rd. that the petition has been signed by property owners representing
Street slightly more than 60% of the area within the proposed district boundS-
Assessment ties and that the project would be financed by 1/3 assessment district
funds and 2/3 special Gas Tax funds and that upon the completion of
the project the improved street would be accepted by the City as a
public street. .Mr. Hanley indicated that~ upon the completion of
the Pike Road improvement assessment district, (for which proceedings
have been initiated) this proposed district would connect to provide
a public access from Pierce Road to Highway 85.
Mr. Hanley pointed out that the value of right of way to be acquired
for the proposed improvements is relatively nominal as umst of the
right of way which would be required for public use has already been
established as right of way for private use.
After discussions it was moved by Councilman Burry, seconded by Council-
man Hartman and unanimously carried to authorize the staff to prepare
the necessary resolutions to initiate proceedings for the formation
of a street assessment districts in accordance with the petition, for
Council action at its next regular meetings
IV SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS
A. SD-587 - T~ACT 4090
SD-587
Tr.4090 Mr. Hanley reported that all fees have been paid, bonds posted and
Final map conditions met in connection with Tract 4090j Arcadia Palms subdivision
of 13 lots on Chester Avenue. It was moved by Councilman Tyler,
SARATOGA CITY COUNCIL MINUTES - June 1, 1966
seconded by Councilman Burry and'unanimously carried to adopt Resoiution
SD-587-1~ approving the final map of ?f_act 4090°
B. SDR-615 - W. Co
Mr. Henley reported that the applicant has asked for defertel of this
item until the June 15 meeting and that: in the interim, it be referred
SDR-615
to the Planning Co~nittee for discussion of one of the conditions.
G~reia
Councilmen Hartman and Burry indicated that Monday~ June 6s 1966 would
Bldg,site be satisfactory for them to meet with Mr'. Garcia~ if the Council so
wishes, With no objections Mayor Glennon deferred the item until June
15 and referred it to the Planning Committee as requested.
C. SDR-484- A. P. LASSEN
SDR-484 The Clerk read a request from Mr. No Po Kirkhmn, dated May 20, 1966,
Lessen requesting that Mr. A. P. Lessen be granted an extension of time until
Extension September I, 1966 to pave a portion of Sobey Road as required as a
condition of SDR-484o Mx. Kirkham stated that he intends to extend
a watermain over the portion of Sobey Road that Mr. Lessen intends to
repays and that this request~ which has been approved by Mr. Lessen,
would prevent the necessity for repaying the area after the watermain
has been extended. Mr. Henley indicated that the Staff sees no dis-
advantage to the City which this extension would cause and it was moved
by Councilman Hartmans seconded by Councilman Tyler and unanimously
carried to grant an extension to Mr. Lessen for the construction of
the improvements from the current expiration date of July 1, 1966 until
Sept. 1, 1966.
D. SDR-593 - RALSTON JOHNSON
SDR-593 Mr. Henley reported that all fees have been paid, bonds posted, and
Johnson conditions met', as set b7 the Planning Co~ission with the exception
B~dg,Site of receipt of the recorded survey map and that the Staff recom~aendS
approval. Councilman Hartman expressed concern about leaving a minimum
access road between Mr. aohnson'S br~!ldins site and Pierce Roads
particularly with the prospect Of a 26 lot subdivision developing in
the near future beyond Mr. johnson's property which would also be served
by the same access road, 'Without objections the Mayor cautioned the
staff to try andI cover this problem during consideration of the Western
Hills subdivision development. During further discussion~ it was
pointed out by the City Attorney that the Cityis not and will not be'
responsible for the bridge which will serve the minimum access road
unless, at some future time, the road and bridge are brought up to
City standard and accepted,
It was moved by Councilman Burry, seconded by Councilman Tyler and
unanimoulsy carried to adopt Resolution No. SDR-593-1, approving one
lot off Pierce Road as a building site for Ralston Johnson, subject
to receipt of the recorded survey map.
V PUBLIC HEARINGS
None
VI ADMINISTRATIVE MATTERS
A. PLaYeR
No reports
B. FINANCE
Bills It was moved by Councilman Burry, seconded by Councilman Tyler and
unanimously carried to approve the disbursements on the list dated
June 1, 1966 for a total amount of $130,723.73 and authorize that
warrants be drawn in payment.
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SAPS_TOGA CiTY COUNCIL MINUTES - June 1, 1966
C. COUNCIL CO~.KTTES
(1) Councilman Hartmen reported that the Public Welfare Committee met with
representatives of the Leo F. Piazza Paving Company, the engineering
firm of Creegan and DsAngelo, and the staff to review a day by day
Saratoga analysis of the Saratoga Avenue recoustructio~ project and that, as
A,~enue a result of this meeting, the Con~nittee recommends that the additional
Contract 30 day extension requested by the Contractor be granted. Councilman
extension Hartman outlined the various problems which were encountered by the
Contractor on this job and indicated that, although the Committee was
not of the opinion that the Contractor is completely without faults
it was the conclusion that the Contractor did conform to the terms of
his contract with respect to delays beyond his control and that, on
the basis of the day by day analysis~ the Committee feels that the
extension should be ~rantedo
Councilman Burry concurred, with the comment that the question is
academic at this point as the job has not been finished and that the
only question the Council now faces is whether or not the Contractor
should be penalized for the delay.
Mr. Pat Creegan explained the function of his firm, as the engineers
of work for the project and stated that he felt they had acted, within
this scope, to the best of their ability and had tried to represent
the City fairly. He noted that the inspection work was furnished by
the County and that, during construction, his firm acted primarily to
inspect shop drawings and assist the City Engineer in trouble shoo~ing.
Several. suggestions were made by the Contractor, Mr. Creegan indicated,
regarding the phrasing of the contract with respect to "working days"
etc., and that some of these suggestions seemed valid but that he felt
that the specifications were consistent with good engineering practice.
The City Attorney pointed out that the City~s bonding attorneys had
handled the contract for this job and that the contract did not follow
the Cityis standard form. I4ro Johnston suggested that, in the future,
certain provisions be included regarding delays occasioned by the
failure of public utilities to remove or relocate and noted'that the
City n~¢ has an ordinance which provides for a time limit within
which utilities can remove Or relocate.
After further discussions it was ~oved by Councilman Tyler, seconded
by Councilman Hartman and unanimously carried to grant the 30 day
extension requested by Leo F. Piazza Paving Company, extending the
expiration date to June 23, 1966.
Mayor Glennon commented that he felt this entire project to be most
worthwhile, despite the problems encountered, in the light of the cost,
of the project to the City, the type of road it will be and the attrac~-
tiveness and serviceability it will provide for the area.
Mr. Creegan congratulated the Council for its attitude regarding the
esthetic qualities of this job and stated that it is the type of job
that engineers enjoy and one which, as a Saratoga resident, he appre-
ciates.
(2) Councilman Burry reported that the Planning Committee had reviewed,
with Mr. Heiser, the requirement for dedication and improvement to
SDR-623 Allendale Avenue in connection with SDR-623, as discussed at the l~t
Dedication meeting. The Committee, Councilman Burry stated, could find no alter-
& Improve. native than to affirm the action of the Council in granting site
approval subject to the applicant's conformante with the dedication
& improvement condition°
D. DEPAR'E, ZNTHEADS AND OFFICERS
(1) In the absence of th~ Planning Director, due to illness, }~. Henley
Big Basin reported that the Planning Commission had asked for a policy statement
Way By-Pass from the Council regarding the Big Basin By-Pass route. This request
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S.~I~%TOGA Cit~Y COUNCIL MINUTES
came about as a result of the application of Mr~ Paul F!anagan
to d~eiop proper~y on the B~g Basin Way side of the creeks an
area designated on the 1960 General Plan for possible use as a
Big Basin future by-pass route, The State has indicaeed~ in response to
Way inquiries regarding future plans for ~his areas that~ if ~he
By-Pass traffic count on Big Basin Way conZinnes for the next 20 years
Route to increase at ~he rate it has during the past four years then it
is anticipated that the present road from the village to Skyline
Boulevard will adequately handle the trafflco In the light of
the State's position~ Mro Hartlay indicated that the staff ses~ no
reasonables logical reason for withholding approval of developm~=nt
alongside the creeks particularly the present proposed develepment~
The Council discussed the retention of the By-Pass in the General
Plan at the time of annual review and it was noted by Mayor Glennon
~a~ no precise location is indicated and that he felt-i~ possible
to approve development in this general area without eliminating
the possibility of a by-pass in the future. With no objection~
Mayor Glennon directed the Clerk to advise the Planning ~ommissio~:
that~ as a matter of policy~ the City Council is not opposed to hhe
construction of improvemortise such as the parking area proposed
by Mr~ Fiehagen, in those ,ar~as immediately adjacent to the creek
right of way~ The Mayor then referred the overall question to the
Planning Committee for study and recommendation as to standards of
deVelOpment which should Be adopted by the Council with resp~d= ~o
this area~
E. CITY ADMINISTRATOR
(i) Mar. Henley reported that the Planning Department had contacte~
those property owners on Miljevich Drive who had not signed the
MilJevich petition requesting a street name change and that~ of the !0
Drive - owners involved~ at least four have indicated opposition to a
Name change name change~ Mar° Bernard Turgeons developer of Mar, Miljevichis
request planned home on the street~ indicated that he had spoken to a
uumber of the residents who had requested the change and that~
after being advised of the history of the present street name and
of the fact that the elderly Mr. Miljevich will soon be moving
to a new home on the street, many of these people have indicated
that they would approve retaining the present namee Mayor Glennon
pointed out that it has been the policy of the Council to disapprove
street name change requests ui~less 100% of the residents on the
street approve ire It was moved by Councilman Burrys seconded by
Councilman Hartman and unanimously carried to deny the request to
change the name of MilJevich Drive.
(2) P~, Henley reported that he had contacted Fur, Seagraves regarding
the possible acquisitions by the Citys of the 5.85 acres adjoining
the Fruitvale School for exchange with the school for the proper~y
Seagraves adjacent to the Civic Center Site. Mar. Henley stated that Mr.
Property - Seagraves initial reaction was that he was not interested in sell-
for exchanEe tng a portion of the 23 acre parcel but was willing to consider
with School selling the entire piece of property. The possibility of the City
property acquiring the 5~85 acres by eminent domain proceedings was not
discussed but Mar, Henley indicated that he will~ if the Council
wishess discuss the matter with Mr, Seagraves again aud~ if
negotiations fails present a resolution initiating condemnation
proceedingss for Council consideration~ The Council agreed that
it is not interested in acquiring the entire 23 acres ands with
no objection, Mayor Giennon directed the staff to prepare the
necessary resolutions for acquisition by eminent domain proceedings
for Council action at the ~ext regular mee~'ingo
(3) The City Administrator reported that~ in several instancess the
Council Council Chambers have not been lef~ in satisfactory condition after
Chambers conununity use and requested au~horization to require~ of those
Cleaning groups ~ho have in the past failed to leave the building in good
Deposit orders a deposit of $50, for cleaning charges, With no objection,,
Mayer Glennon directed the City Administrators to require at his
SARATOGA CI1~/COUNCIL MiNUI~ - June 1s 1966
discretions a $50° cleaning deposit of those groups who have dem-
onstrated ~e31ect in this regard~
VII COMMUNICATIONS
A. WRITYEN
(1) The Council received copies of a letter from Czist~ Peters, DoneCan
& Brenners representin~ Manuel I~zano in an appeal from the Plannin~
Lozeno Commission denial of a use permit for the operation of an automatic
Use Permit car wash on the corner of Lawrence Station and Prospect Roads in
AppEal Saratoga~ ~o Hanley indicated that the applican~ is anxious to
discuss this matter with the Council so It has been placed on the
UP-103 agenda prior to the usual procedure of serving notice of appeal
in the same manner as the umtter was brongh~ before the Planning
Commissiono
Mi-. Frank Crisps Jr,~ spoke in favor of the appeal and, after being
advised of the procedure on appeals from Planning Commission de-
cisions, requested that a hearing be set for ~he earliest possible
date a=d that the CoUncils at that ttme~ grant a de nero hearing
as there is some question in his mind as to the clarity of the
facts available to the PlanninE Commission at the time of their
consideration of this appllcation~
Mayor Glennon, with no objection, directed the Clerk to serve no~iee
of hearing for 'the meeting of June 15, 1966.
(2) Mr. Henley presented copies of a letter from Mr. C, F. Greenes
DepUty District Engineer for the Division of Highwayss indicating
Highway 85 jur::,sdioations is encouragede Mr, Greene advised that the State
~ill issue an encroachment permit if the City ~ishea to do the
worlc~ subject to the standard safety requirements~
(3) ~, Hanley advised that Mr, Evans of ~ilbur Smith and Associates
has notified the City that, because of previous eommitments~ their
Uilbur staff will be unable to review the Reid Lane~Highway 85 crossing
Smith matter for approximately 3 ~eekso A~ter discussion~ the Mayors
Study of with Council approvals authorized the City Administrator to advise
Reid Lane Mro Evans that the City wisha~ ~o retain their firm for this study
crossin~ as soon as they are ~ree to undertake it, This decision ~as based
on ~hs familiarity of the firm ~ith ~h~s area as a result of their
prior analysis of shcool pedestrian ne~dse
(4) It wag moved by Councilman Burry, seconded by Councilman
Claim a~d nnanimot~sly carried to deny a claim for daraa~es filed on be~
for half of Joseph P, Long, St, as a result of a vehicular accident,
Damages The Mayor directed ~hat copies of the claim and advice of the
Countills action be transmitted to the City Attorney and the
C~ty~s liability insurance carrier,
(5) The City Administrator was requested to reply to a letter from
Mrmorial Miss Agnes Wood relative to the permanent p~acemant of the memo-
Arch rial arch and to advise her of the landsc&ping plans which h~ve
Placement
gone to bid and the treatment which hag been authorized for the
arch,
(6) A letter from Mrs. Raymond Sawyer regarding the signaltzation of
Fruitvale the intersection of Fruitvale and Saratoga Avenues was referred
& Saratoga the staff for review and recommendation~ In the :~.nterlm,
Ave. signals H&nley was requested to transmit the Co~eiles appreciation for
he~ interest and assure her that every precaution ~}1 be taken
to insure the safety of school pedestrians at this intersection,
SARATOGA CITY COUNCIL ,MINUTES - June 1~ 1956
I I.C.C. (7) Notice was wendived ~ha~ She In~er-City Council Will meet in
Htg. Pals Alto tom~.rrow nigh~
(8) Th~ Council acknowledged copies of a letter from Margaret Irwin,
Water Secretary of the Citizens' Water Ccmmittee of Santa Clara County,
Flaoridation relative to the water fluorideties question which is pending
settlement in this area.
B. ORAL
League of (1) Mrs. Bueltonmn, on behalf of the Saratoga-Los Cares League of
Women Voters presented to the Council complimentary copies of
Women Voters a booklet on'Local ~overnment in Saratoga which was compiled by
"local gov't"
booklet them for public information. Mrs. Buelteman called attention
to the v~ry fine art work contained in this booklet and credited
the illustrations to the advanced Fine Arts students at Saratoga
High School. On behalf of the City Council, the Mayo~ acknowledged
appreciation to the League of Women Voters for their contribution
to Saratoga citizens in compiling this work°
(2) Mrs Wil!ys Pock advised the Council that the Saratoga Historical
Foundation has abandoned its intent to move the historical old
Historical building which was donated for their use to the Civic Center site
Foundation because of the obstacles presented by trees in the proposed mov-
Building ~ng operations. Insteed~ M~o Peck asked Council permission to
move to have the building moved to a temporary location on Mrs. Florence
Wildwood Anderson's property on Fourth Street until it can he moved to
Park a permanent location in Wildwood Park, through the Cooperative
efforts of the National Cuard who willmove the building across
the creek sometime in late Jnly~ After being assured by ~.
Peck ~hat adequate liability insurance coverage will be main-
tzined until the move is completed, it was moved by Councilman
Burry, seconded by Councilman Tyler and unanimously carried to
auehorize the moving of this building to Wildwood Pa=k fo~
ultimate pe~-~anent placement in a location to be selected by
the City Council at a later date~ Mr. Peck reviewed some of
She history.of She ~uilding and publicly acknowledged M~. Paul
~L~nagan's donation of the building and thanked the Council for
i~s cooperation in participating in thd Ni~to~i~l Foundation's
efforts to provide amuseum for the City.
(3) The Ci~y Attorney reported that he has received a request from
~. Sam Ande~son, Legal Counsel for the Cupertino Sanitary Dis-
trict, for resolution of the City Coonnil relative to the storm
Cup. Sani=ary drainage and sanitary sewer easement which was the object of
Distrio= - condemnation suit which the City file~ in connection with the
Tr.3942 development of T~act 3942, Joanie's-Villa~ An order of immediate
Sewer possession has been obtained and Mr, Johnston .indicated that the
easement Sanitary District's request is reasonable and that the ra~olu-
ties can be minute form. It was' moved by Cormclimes
seconded by Councilman Tyler and unanimously carried as 'follows:
that the Cupertino Sanitary District be and it is hereby au-
thorized on behalf of the City of Saratoga to furnish and in-
stall in accord with plans and specifications and at no cost
or expense to City a sanitary sewer line in the sanitary se~er
easement described in. Santa Clara County Superior Cotuct action
No. 174464, under the right of immediate possession as set
forth in that certain order of ~mmediate possession dated April
28, 1~66 in said action; and, that at such time as the sewer
line is completed and ~he City of Saratoga has obtained title
to said easement, C~ty will convey the same to 'Capertins Sani-
tary District upon the Distric~ assuming complete control and
maintenance of
SARATOGA CITY COUNCIL MINUTES - June I, 1966
(4) Mayor Glennon achowiedged, with pleasure, the presence of Plan-
ning CoxL~]ionc,:!,' Joknso~,~; Mrs, Ruth Owens, ~qho served coffee on
behalf of tile Good Government Group~ ~o Charles Robbins~ repre-
senting the Ch~ber of Coderue; ~nd extended his greetings to
~, and Mrso Paul Gardinero
VIII ADJOU~NT
It was moved by Councilman Burry~ seconded by Counctl~n ~rtmanand car-
ried unanimously ~o adjourn the meeting at ~0:35 P, Me
Respectfully submitted,
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William C. Hanley, City Cl~k