Loading...
HomeMy WebLinkAbout09-02-1970 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: WEDNESDAY, SEPTEMBER 2, 1970 - 7:30 P.M. PLACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA TYPE: REGULAR MEETING I. ORGANIZATION A. ROLL CALL The meeting was called to order at 7:35 P.M. All Councilmen were present. \ B. MINUTES Moved by Mr. Smith, seconded by Mr. Sanders that the minutes be approved as mailed and that the reading be waived. Carried unanimously. II. BIDS & CONTRACTS A. AWARD OF CONTRACT FOR SARAHILLS DRIVE REPAIR S/~,AHILLS City Manager Huff reported that a summary of bids received was before the DRIVE Council, with a low bid of $8,905.72 submitted by Sweeney & Sons. He recommended that the bid be awarded to this Company and that the Mayor be authorized to execute the agreement on behalf of the City. Mr. Huff stated that although this Company had never done any work for the City before, they did finish the walkway in the subdivision across from the high school, and the work was satisfactory. The Sarahills bid was within the engineer's estimate for[the work. Moved by Councilman Dwyer, seconded by Councilman Smith that the contract be awarded to Sweeney & Sons for Sarahills Drive repair and that the Mayor be authorized to sign the agreement; carried unanimously. B. AWARD OF CONTRACT FOR GLEN BRAE DRIVE IMPROVEMENT GLEN City Manager Huff reported that Wattis Construction was the low bidder BRAE at $10,155.20, and he recommended that the contract be awarded to them. DRIVE He noted that they had performed previous contracts for the City which were satisfactory. The engineer's estimate on this project was $10,000.00. Moved by Councilman Sanders toI award the bid, on the reconnnendation of the City Manager, to Wattis Construction at a cost of $10,155.20, seconded by Councilman Bridges; carried unanimously. C. AWARD OF CONTRACT FOR FRUITVALE AVENUE WALKWAY FRUITVALE City Manager Huff stated that Sweeney & Sons had submitted a low bid of WALKWAY $7,346.02 which was considerably lower than the other bids. As a result, the staff had checked with the contractor and found that he felt he could not follow through on the basis of this bid. Therefore, Mr. Huff rec~n~aended that this contract be awarded to Leo F. Piazza, the second low bidder in the amount of $14,474.40, subject to the acquisition of the necessary right-of-way. In response to a question from Councilman Smith as to whether or not there was a penalty clause, Mr. Shook stated that there was a thirty day time limit from receipt of notice to proceed, which usually takes ten to twenty days after the award is made. In response to a question fromMayor Robbins, Mr. Giannini stated that there was no problem involved for the City in awarding the bid to the second lowest bidder since there appeared to be a discrepancy in the low bid. The Public Works Director stated that he had discussed this bid with the representatives of the low bidder, who indicated that they had mode an error. They had submitted a verbal request to withdraw their bid and they intend to back this up w{th a written request. Moved by Mr. Smith that, with the understanding that there will be a time limit and a liquidated damage clause, the contract be awarded to Leo F. Piazza, the second low bidder, at a cost of $14,474.40, seconded by Mr. Dwyer; carried unanimously. SARATOGA CITY COUNCIL MINUTES - SEPTEMBER 2, 1970 - CONTINUED In response to a question from Mr. Sanders with regard to the eucalyptus trees, Mr. Shook stated that there were some small diameter trees which may require removal, however, this will be absolutely minimal. The estimate for this project was $15,000.00. D. AGREEMENT FOR ACQUISITION OF RIGHT-OF-WAY FOR STAMPER PROPERTY ~ GLEN BRAE DRIVE STAM1}ER Mr. Huff reported that at the time the City was authorized to go to bid for this R/W project the Director of Public Work~ was directed to proceed with negotitations GLEN for acquisition of this right-of-way on the basis that Mrs. Stamper would dedicate BRAE this right-of-way to the City provided the City agreed 'to pay the pro-rata cost of DRIVE the right-of-way at such time as the City acquired the balance of the property as a park site. This Agreement contains. these provisions. Moved by ME. Sanders that the Mayor be authorized to sign this agreement on behalf of the City, seconded by Mr. Smith; carried unanimously. III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS RESLN. A. RESOLUTION NO. 546 - A RESOLUTION URGING THE COUNTY TO USE SARATOGA STANDARDS FOR 546 OFF-SITE 'SUBDIVISION DIRECTIONAL SIGNS IN UNINCORPORATED AREAS WITHIN SARATOGA'S SPRERE OF INFLUENCE. ~ RESLN. B. RESOLUTION NO. '547 - A RESOLUTION'URGING PROHIBITION OF OFF-SITE ADVERTISING SIGNS 547 ADJACENT TO COUNTY EXPRESSWAYS. Mr. Smith noted that the PPC a~d othe~ county Boards have supported both these Resolutions. Moved by Councilman Dwyer, for adoption of Resolution No~ 546 and 547, seconded by Councilman Smith; carried unanimously. C. ORDINANCE NO. 46.2 - AN ORDINANCE REVOKING CATV FRANCHISE AWARDED TO CALIFORNIA CABLE TELEVISION CORPORATION. ORD. City Manager Huff reported that the City Attorney had drafted this Ordinance at 46-2 the direction of the~City Council following the Public Hearing at the last Council REVOKING meeting; CATV FRANCHISE Ordinanc~ No. 46.2 was read by the City Manager. Without objection, the Mayor introduced the Ordinance No. 46.2. IV. SUBDIVISION, BUILDING SITES & ZONING REQUESTS A.- SDR-751 - ACCEPTANCE OF STREETS IN SDR-751 INTO THE CITY STREET SYSTEM, . SDR-751 Mr. Huff reported that the streetl constructed in this development has been ACCEPTANCE completed in accordance with the plans and specifications and the Director OF STREETS of Public Works reports it is ready for acceptance into the City street system and release of the improvement bond. The one year maintenance period has expired. Moved by Mr. Smith for adoption of SDR-751-2, and release of assigned savings certificate posted to guarantee the work, seconded by Mr. Sanders; carried unanimously. VI. ADMINISTRATIVE MATTERS A. MAYOR I.C.C. 1. Mayor Robbins reported that the I7. C.C. meeting would be held in Alviso on CODE September 3. The speaker will be Councilman Wilson from Santa Clara discussing UNIFORMITY the Transit District which will be on the ballot November 3. At the Mayor's meeting a discussion of the Electric Code Committee's recommendation will be held. This matter was referred to the City Managers by the I.C.C. The Manager's Group voted against using the national code with the 40 amendments suggested by the Code Committee. - 2 - SARATOGA CITY COUNCIL MINUTES - SEPTEMBER 2, 1970 - CONTINUED Mr. Huff reported that all the Cities in the County and the County use the 'same basic code but each has various'amendments to take care of individual problems. The Electrical Code~i~h ~orty amendments was reconmended to the County. It was felt quite ~trongly that it would be desirable to have a County-wide uniform code. A Committee formed of individuals representing City ~ Management, Building Construction, F{re Prevention and Health and Sanitation reviewed the proposed code and recommended a uniform code. Our Chief Building Official served on the code committeE. San Jose and Mountain~7~ie~dic~dT~hat their building officials were not in favor of the code with th~ forty amendments, but favored a minimum type code. The Managers Group did not adopt this report from the committee but is transmitting a report to the I.C.C. for consideration September 3 as a report on the work of the sub committee but without the endorsement of the l~anager's Group. Mayor Robbins noted that if there was a uniform Building Code it would be easier for the contractors and reduce costs to them. The proposed amendments would increase costs. As far as Saratoga is concerned, we would like to see more than the minimum standards. He.would like to see the minimum code adopted but with the provision that each City would have the prerogative to make upward amendments which they felt desirable~ SARATOGA' 2. Ma~or Robbins noted that the Saratoga Public Transportation 'Conmittee needed PUBLIC three Saratogans, a Campaign Manager, Finance Chairman and Precinct Worker TRANSPORT- Chairman, for the campaign for the f~rmation of the County Transit District. ATION? The District formation question will be on the November 3 ballot. Mr. Sanders COMMITTEE stated that this was an important issue to Saratoga and the entire County. Saratoga is expected to raise $3,000~00 as its share of the campaign fu~ts. He suggested holding an organization meeting of the committee on September 9. As Saratoga representative to TPC he will chair th~ meeting and a speaker from the County Department of Public,Works will be present to outline the transit plans. It was the consensus of the Council that a meeting be held at 8:00 P.M., September 9 in the Council Chambers for the purpose of forming the Saratoga Public Transportation Committee. 3. Donations of Park Land Mayor Robbins stated that a property owner has approached the City Manager expressing an interest in possibly d~nating a parcel of land for park purposes. The City Attorney advised that there is no problem in holding preliminary discussions but that the Parks and Recreation Commission could not hold an executive session to discuss the property. The Council expressed enthusiasm for the idea and urged Mayor Robbins to continue his investigation of the matter until sufficient information is available and the property owner is prepared to make his proposal public~ Since it was after 8:00 P.M., Mayor Robbins returned to Item V. Public Hearings. V. PUBLIC HEARINGS A. V-349 - JOHN WALLACE, LUMBERTOW~LANE - Continued from 8-19-70 V-349 Mr. Smith stated that property owners involved were present at the previous JOHN WALLACE meeting with regard to this problem. He stated that the Planning Committee had studied Mr. Wallace's request for a variance and had Visited the site and viewed the relationship of the portion of the Wallace lot in question to the Goldsmith residence. They also reviewed 1) 'the reasons for the Planning Commission denial, 2) the City Attorney's opinion on the use.of a perpetual easement as an alternate solution, 3) any past public hearing testimony~-~4) the file, and 5) sections of the zoning ordinance which establish the planned unit developmentsdistrict. The committee felt that the lot line between 32 and 33 of Tract 3946 should have been established ~o include the area in question in the Goldsmith lot. Tract 3946 is a planned unit development and it is the purpose of the P.D. Zoning to permit the achievement of the objectives of the zoning ordinance - 3 - SARATOGA CITY COUNCIL MINUTES - SEPTEMBER 2, 1970 - CONTINUED through the development of residentia'l areas in a manner which will permit the most suitable combination of terrain and lot size. The granting of the requested variance would violate only that portion of the planned unit development regulation which restricts the number of lots smaller in area than is required in the zoning district to no more than 25% of the total number of lots. Moved by Mr. Smith, bearing these facts in mind, that the matter be referred back to the Planning Commission for review and report at the next Council meeting, seconded by Mr. Dwyer; carried unanimously. Mr. Wallace was present and requested that this matter be settled as soon as possible. Without objection, Mayor Robbins continued the Public Hearing to September 16. B. FINANCE 1. Payment of Claims Moved by Mr. Sanders that the disbursements be approved as submitted and that the Mayor be authorized to sign the warrants in the amount of $45,229.98, seconded by Mr. Smith; carried unanimously. C. COUNCIL COMMITTEES & COMMISSION REPORTS 1. Resolution No. 548 - Resolution Regarding City of Saratoga Postma'rk RESL'N 548 Mr. Smith stated that he had talked to the Saratoga Postmaster this afternoon SARATOGA and was informed that Campbell, in addition to one or two other communities, POSTMARK has lost its postmark, in the interest of economy. Mr. Smith noted that the Chamber of Cormnerce pointed this out and c'onmunicated with Congressman Gubser. Mr. Smith felt that in this day of numbers and codes it was important to maintain some of our identity as Saratoga. Moved by Mr. Smith for adoption o~ Resolution No. 548 urging retention of the Saratoga postmark, seconded b~ Mr. Sanders; carried unanimously. 2. Fruitvale Avenue Plan Line FRUITVALE Mr. Smith presented a Planning Committee report dated September 1, .1970 AVENUE recommending that the Fruitvale Avenue Plan Line be prepared to provide PLAN LINE for ~ 'four lane road in the future. The report was supplemented by a traffic analysis prepared by the Department of Public Works. M~yor Robbins stated that he ~ad ~ " O ad a n, t h chance to study the report from the Department of Public WOrks. He indicated he would like to consider the recommendation in relation to the General Plan review. He felt the Council should study this very thoroughly and stated that the city did not want to provide wider streets than necessary and that the southern portion of Fruit- vale could pose a real problem. Without objection, Mayor Robbins cgntinued the matter to the next regular meeting after a brief discussion by the Council. D. DEPARTMENT HEADS & OFFICERS 1. Saratoga Foothill~ Development Company C-130 Mr. Walker apprised the Council of'Saratoga Foothill Development Company's decision to withdraw their Change of Zoning application C7~30 for' Planned Connnunity zoning and to submit instead a proposal ~or a standard subdivision development. Mayor Robbins indicated that the matter would be considered at the continued Public Hearing on September 16. - 4- ? SARATOGA CITY COUNCIL MINUTES EPTEMBER 2, 1970 - CONTINUED 2. Unauthorized Dumping Mayor Robbins read Mr. Harris' report on unauthorized dumping indicating' that the present system of checking out complaints and applying the grading DUMPING ordinance where possible will regulate the majority of cases. Should the dumping become more of a problem' in the future, additional regulation may be required. 3. S & D Construction Mr. Giannini reported that in connection with the S & D Construction law S & D suits, t~e General Contractor and the sub-'contractors have settled their CITY HALL disputes. The dismissal papers are in the fil~ and it appears that the matter will be resolved. He stated that the disbursements should be issued when authorized by the City Attorney. 4. Braemar Drive Traffic Study Mr. Shook reported that there was substantial history on this situation. BRAEMAR He pointed out that the Public Works Department ~t~dy-did not indicate the TRAFFIC need for additional traffic control devices. Mrs. George of Braemar Drive spoke from the audience,.and pointed out that this is a drag strip on the way to the high-school. There is a double hill with a curve and then another curve. In additibn, the sun is a blinding factor. Mrs. George stated that she had talked with the Sheriff's Department who said they cannot cite unless the car is travelling 15 miles per hour over the speed limit. She asked for a slow sign right on the asphalt, and stated that this had proved beneficial in,,other areas. Mr. Brehm, Braemar Drive also spoke from the audience! He was interested in the design speeds but felt that the speed limit per7se was not the problem. He felt it was the hill and the sun in a person's eyes. He stated that travelling at a spee~ of over ten miles an hour under those conditions would make it impossible to see a child or animal. He wondered if it were possible to remove the hill. Without objection, Mayor Robbins'referred the matter to the Public Welfare Committee. C. CITY MANAGER 1. Mr. Huff reported that he had received a call from Oskar Thurnher who lives PROSPECT in Westbrook Subdivision expressing concern that the median at the Prospect- MEDIAN Miller signal was 14' wide when he had understood that agreement was reached that it would be 28'. Mr. James Naugle, 12072 Ingrid Court delivered the letter from Mr. Thurnher and stated that he personally was aghast at the curbing and hoped that the striping was temporary..He also offered to assist the City in any way on this matter. Planning Commissioner Martin stated that he had artended the Public Welfare Committee meeting when the subje6t of the striping was discussed. He had seen a plan showing that the median was to be 28' where there was curbing and 14' where the shoulders are not developed. Although he had not followed the progress of the striping he did notice that there was some change as to where the left hand turns were permitted, and wondered whether the Committee could give him some idea as to what the striping is to be. Mayor Robbins appointed a special committee of Mr. Smith and Mr. Dwyer to follow up on this with the City staff to see what was originally agreed upon and what the situation is now. Mr. Smith agreed to this and stated that_the committee would contact Mr. Naugle, Mr. Martin, Mr. Thurnher.and other interested parties. - 5 - SARATOGA CITY COUNCIL MINUTES !- SEPTEMBER 2, 1970 - CONTINUED~ ICMA 2. Mr. Huff reported that the International City Management Association is CONFERENCE meeting in San Diego on September 21 to 23 and asked the Council's permission to attend at a cost of approximately $150.00. The theme is directed toward State and local responsibilities and relationships. He felt this would be of value in the city's future dealings with the State. Moved by Mr. Smith, seconded by Mr. Sanders that the City Manager be authorized to draw the necessary warrant and attend the City Management Association meeting at a cost of $150.00; carried unanimously. VII. COMMUNICATIONS A. WRITTEN ST. ANDREWS 1. Letter from. Frederick Bock,~Treasurer and Business Manager of St. PLAYGROUND ABdrews Church concerning the interest of the Church in making the playground available to the City for possible development as a community park site. Without objection, referredjto the Planning Committee to confer with St. Andrews representatives along with a committee of the Pazks add Recreation Commission and report back to the City Council. 2. Letter from Leona Vaughan, Oak Street concerning the noise problem. Without objection, referred to staff for action. 3. Letter from Mrs. H~r~ey's representative, Clayton err, indicating that she, as property owner of the parcel on Fruitvale Aven~e, wants the ~nne~"cp._mmg_ni~y re/~p~fng ~application withdrawn. 4.Letter from San Jose Cable Television Service indicating'an interest in the C.A.T.V. franchise. Noted and filed. VIEW OAK DR. 5. Letter from the residents of View Oak Drive requesting permission to hold BLOCK PARTY a block party in the area between Scully and'Saraglen. Moved by Mr. Smith that this request be approved, subject to staff confirmation that no residents object and subject to a clean-up deposit of $25.00, seconded by Mr. ~anders; carried unanimously. 6. Letter with regard to American prisoners of war missing in action in Southeast Asia. Noted and filed. 7. Copy of Prides Crossing Homeowners Association Newsletter. Noted and filed. B. ORAL 1. Mr. Bob Sternberg, a resident in Pheasant Ridge tract addressed the ARROYO DE Council with regard to a letter received from the Director of Public ARGUELLO Works concerning a sidewalk on the west side of Arroyo de Arguelie. SIDEWALK He presented letters of protRst to the City Council. Mr. Sternberg stated that Mr. Shook's letter was the first indication the residents had received of the City's r~quirement of a sidewalk. He wondered whether it was mandatory to have a sidewalk when the people involved were not in agreement with the installation. Mayor Robbins replied that this was not mandatory but that it was City policy because it ties in with plans as regards pathways, particularly where children are going to and from school. He felt it was necessary to keep in mind the high school site behind this area. It was the consensus of the Council that this matter should be referred to the Planning Committee and the Mayor so directed. The matter will be discussed at the Planning Committee meeting on Tuesday, September 8 and Mr. Sternberg was invited to attend. 2~ Mr. George Carter, 12450 Arroyo de Arguello addressed the Council. He also expressed his protest with regard to the sidewalk and felt the builder should inform prospective buyers of this particular aspect of - 6 - SARATOGA CITY COUNCIL MINUTES - SEPTEMBER 2, 1970 - CONTINUED Of the contract. VIII. ADJOURNMENT Mayor Robbins acknowledged the presence of Planning Commissioner Smith, Mrs. Mary Moss of the Good Government Group, who would provide coffee · following the adjournment, Planning. Commissioner Martin, and Mr. Frampton also representing the Good Government Group. Moved by Mr. Smith, seconded by Mr. Dwyer that the meeting be adjourned. The meeting adjourned at 9:47 P.M. JRH:r