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CC 10-31-61 486 10321 SO. SARATOGA-SUNNYVALE ROAD C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA AL 2-4505 !-.t limrJ,) C~~ Ii""'\<'.~~ '(·'1:':'';1 MINUTES OF' THE SPECIAL MEETING OF' THE CITY COUNCIL - October 31, 1961 PLACE: TIME: 10321 So, Saratoga-Sunnyvale Road 8:00 P,M. SALUTE TO THE FLAG ROLL CALL: Councilmen Present: Councilmen Absent: Staff Present: Benetti, Jewett, Pelos~, Saich, Lazaneo None City Manager, City Attorney, City Engineer and City Clerk Councilman Pelosi said that he had not received his meeting notice until 6:00 P.M., October 31, the day of the meeting. I SIGNALIZATION OF BLANEY AND STEVENS CREEK BOULEVARD AND MILLER AND STEVENS CREEK BOULEVARD: The City Manager stated that he has issued a work order for the City Engineer to examine and report on the plans and specifications upon which the signalization bids were based. The City Engineer stated that he received the work order yesterday and that he has studied the plans, which he posted on the board, He said that some information which he considers necessary does not appear on the plans. For example, he said he does not know what kind of meter box is supposed to go on the riser pole, In response to a question, he said that he has no recommenda- tion and is inclined to think that he could not bid intelligE:ntly on the plans due to the absence of the information, The City Manager stated that the maps were prepared by the signalization engineer who prepared the maps for the Stelling Road signal. The City Engineer referred to the plans again, and noted that the concrete curb and gutter may have to be ripped up in one spot which would affect the bid. He said that he does not know whether the bidding contractors are in possession of all of the necessary information, If plans are incomplete, the bidder not awarded the contract can raise a question about the award. Councilman Jewett asked a question -- If the bid were accepted and the contractor finds it impossible to install accord- ing to requirements without additional expense, is the City protected? The City Attorney said that the answer lies in the contract which must be examined to determine what the obligation of the bidder will be, The contractor is obliged to install the facility exactly as stated in the plans and specifications, no more or no less. The Mayor aslced whether the bidders, including the low bidder, are now bound by their bids since the contract was not awarded on October 16, The City Attorney answered that our ordinance is silent on whether or not the Council can continue a bid opening. In the absence of any such provision, the City Attorney saj.d he assumes the Council can exercise dlscretion and could hold the contractors to the bids submitted, further assuming that there is no change in the plans and specs, Councilman Saich said that Ðh~ bids W8re not submitted to the City Engineer and since they are within his sphere of responsibility the bids should be given to the City Engineer for checking or revision and bids should be resubmj.tted. -}.... 48'2' The Mayor asked what specifications by the City Engineer would cost the City, The City Engineer said it ~lOuld amount to one or two entire days work and would cost between $100 and $300. Councilman Benetti reviewed the fact that bids were not solicited for the Stelling Road signal; therefore, why is it necessary to prepare expensive plans and specifications for these two signals? How could the contract be awarded without bids on one hand, and without bids based on certain plans and specifications on another, The answer was made that the Stelling Road signalization was an urgency matter with no time for advertising, etc, The City Manager said that he was instructed to prepare bids and he was not instructed to submit them to the City Engineer, Since he was instructed to get the bids, he did so and he guaranteed that the signals will be put in correctly, He said he does not agree with the City Engineer at all. The Mayor asked the Council for their opinion, do they wish to award the contract to the lowest bidder as is, or have the City Engineer prepare specs and call for resubmission of bids, While this was being considered, the Mayor read a letter from the Sheriff dated October 26, 1961, recommending traffic control signals at Miller and Stevens Creek Boulevard and Blaney and Stevens (:reek Boulevard, Councilman Saich asked City Engineer could prepare resubmit them for new bids. the contract would give the about the time element, whether the plans in the balance of the week and He said that if awarded in this manner City no trouble, The City Engineer said that they could be prepared in one to two days at a cost of $100 to $300, He said that the present lacl;: of dimensions on the plans will make it difficult to control the installation in the field. Councilman Jewett said that the entire Council is aware of the urgent need for the signals but he said he is a little dis- turbed by the possibility that the contract may not be binding. He again referred the question to the City Attorney. Mr, Anderson answered that the contractor is not bound to put in anything not in the specs. Councilman Jewett asked if the City Engineer had the specs, The answer was in the negative. Councilman Jewett said that the City Engineer should have the specs, Councilman Pelosi said that if the City Manager has worked on the matter more than anyone else, why not proceed due to the urgency of the situation. Councilman Saich maintained that the City Engineer should see the specs. The City Manager advised that the City should readvertise for bids if any further delay takes place. Councilman Benetti said that the Sheriff has indicated it is an urgent problem and if' the method used at Stelling Road was goed enough, the same method should be good enough for the two signals now under consideration. he agreed with Councilmai1 Pelosi and said that it is proper to proceed inasm¡¡ch as the City Manager has stated he is certain of hlS procedure, Councllman Jewett said that he is in favor of holding out for a first class job, inasmuch as it ~ould only require review by the City Engineer so as to meet the proper standards, In response to a question, the City Manager again stated that he is satisfied that the existing plans and specs will result in signalizations which will meet all requirements. He added that he h3.S ì)een instrumental in putting in 2.bnnt 25 signal'L::atiuns. -~-- 488 !-t ;...;: Councl1rn<1n J""'Qrt. "..j.¿¡ 1;h<t1> U¡ey now hav~ two conflicting statements before them and it is time to stop the City from going in two dlfferent directions. He suggested the City Manager si t down with the City Engineer and resolve the question. l'''~ Io.",,¡ ~". j By this time the City Engineer had been passed a copy of the specs, He said that a lot of questions are answered in the specs especially electrical engineering. From a civil engineering stand- point he said there are still some qUestions and Econolite would not be concerned with the civil engineering factor. He said that the plans should be doctored so that we know the City is protected so far as the placement of the facilities, Councilman Saich aslced if there would be sufflcient time if we continued the bid award to the next Council meeting, The City Manager repeated his advise that it would be proper to readvertise for bids in about three weeks if any additional delay occurs. The City Attorney said that the rights of the contractor cannot be altered and the plans, specifications and bids advertised and presented must be observed, Looking at the specs, he said that the installation mWôt conform to other regulations than those merely within City ordinances, e,g. public utility code. He said that this is a new experieclce in delaying the contract award and it is usually a good idea to move these matters along with the announced timetable. He added that the City should consider the good will of the contractors who will no doubt be submitting bids on future installations with the City. 9 out of 10 times he said the second bid is Dot as good as the first one. Councilman Benetti then asked if everyone is in accord the bid could be awarded. This question was again referred to the City Engineer. He said that if the specs h&d not already gone to bid he would answer "no", but since they have already been advertised and the bids received, he aclcnowledged it might be O,K. Moved by Councilman Jewett that the low bid of Bay Area Electric Corp., in the amount of $'7,150.00 for traffic signals at Stevens Creek Road and Mlller and Stevens Creek Road and Blaney, be accepted, and the contract awarded. Seconded by Councilman Benetti, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Bei"Jetti, Jewett, Pelosl, Saich, Lazaneo None None 5-0 Councilman Saich asked what would happen If additional costs result. The City Attorney a,lswered that the contractor would then appear before the City Council and negotiate for anything not in the specs, The City Manager added that material and workmanship in the signals is guaranteed for one year. He went to the board and pOinted out some of the details of the plans, Councllman Pelosi aslced to be assured that the contractor would get a copy of any revisio¡1s that VJere imposed by the City Engineer or City Manager. He was assuJ.'ed that this was the case. The City Engineer said that minor changes frequently OCCur in public works projects and can be handled by a change order issued by the City Councll, Councilman Pelosi s,Üd he definitely wanted a written report on any changes that the low bldd.:?r ;rill be required to observe. Moved by Councilman Jewett that the City Englneer follow up on the plans and specs for the signals, check and review the plans and specs in conjunction with the City Manager and check and inspect the signals during installation. Seconded by Councilman 13E'l1&tti, '-, 489 AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 The City Engineer recommended that the engineering department be consulted in the future on such projects. II GEMCO APPLICATION: Councilman Saich vacated his seat on the City Council, The City Engineer posted the improvements plans for Tract 3061, Stevens Creek Park. He pointed out the streets and their widths--40' on Saich Avenue and 60' on Park Avenue with the curb returns at the street intersection. The Mayor asked if the Council had any questions. Councilman Benetti said that Gemco appears to be making im- provements within the Ketell subdivision. Accustomed to each builder putting in the worle for his own project, he said he now finds that one developer is taking care of the commitments of an- other. He asked the City Engineer why this should be and the City Engineer said that he could not answer that question. He does not know exactly why Gemco is doing this, except that they apparently have reached an agreement with Ketell to put in their streets, etc, plus the fact that the Gemco operation is scheduled quite some time in advance of the Ketell operation, and Gemco has to count on certain facilities within the Ketell subdivision before they can open for business, such as storm drainage, Therefore, they eVidently decided that they will install these facilities in accord- ance with some sort of agreement between the two private parties. The City Engineer stated that the Council has instructed Ketell that he will have to furnish the widening of Highway 9 or bond. The curb returns on the street closest to and parallelling Highway 9 will be put in by Gemco, but Ketell will still have to widen Highway 9 he said, In response to a question by Councilmen Benetti, the City Engineer stated that the Gemco development has counted on the gravity flow along Park Avenue and has evidently entered into an agreement with Ketell in order to make use of Parle Avenue, Councilman Pelosi observed that access to the Gemco develop~ ment will be from Stevens Creek Boulevard so no problem arises with the Highway 9 access. The City Engineer stated that Gemco will put in Park Avenue so that it feeds out onto Highway 9, In response to a question from the Mayor, Councilman Saich said that the 10' dedication along Highway 9 is in the process. The Mayor asked who was going to improve Highway 9 along this frontage when and if the property changes hands and assuming that the State of California does not begin to widen for a year or year and a half. The City Attorney said that he knows of no way to get at Ketell on such a matter, The City Engineer drew a cross section of the highway on the black board, Councilman Jewett said that the Ketell subdivision should not be discussed inasmuch as it is not on the agenda. The matter before the Council concerns the Gemco application. TIle Mayor agreed, noting however, that the City must develop an anS~1er for the County and the State on such questions. Moved by Councilman Jewett that Resolution 509 be adopted, being a resolution authorizing the execution of an agreement between Lucky Stores and the City, by the Mayor and the City Clerk, Seconded by Councilman Pelosi. -4- 490 :.... AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Lazaneo None .'3aich 5-0 ~~3 C~~~ ',''''C''iI ~c:~ * -)Eo * * * * In response to a qucst:>,on posed by the Mayor, it was moved by Councilman Benetti, seconded by Councilman Salch and carried 5-0, that the City of Cupertino support the South Bay Aqueduct, with reference to the County Water Commission. * * * * * * 'l'lle Mayor asked the City Engineer to report November 6, on what the City has gotten in the way of dedications along Highway 9, what remains and what the deadline is. * * ~;. * * * III ENGINEERING REPORT: Thc Mayor said that the report on the engineering department is now before the City Council. He asked if anyone had any state- ments to malee, now that the City Manager's report on the engineering department and the rebuttal of the City Engineer 1",ere both available to the City Council. Councilman Bcnetti stated that the City Council asked the City Manager for this report and he said he objects to the word "rebuttal" as used by the Mayor. He said this is not a debate and there are no personalities involved. It is s~mply a question of whether or not it is now feS3ible to set up an engineering depart- ment, The l"Jayor said that the "lOrd rebuttal may have been "ill-used" but he simply wanted to convey the fact that the City now has a report from both the City Manager and the City Engineer and they are both to be considered by the City Council. Councilman Jewett stated that if the question lS not to develop into a debate there are several points in the City Manager's report that should not bc fMde public at all. The Mayo,r said that the Council phould now decide just how it wanted to proceed with the discussion. The City Manager said that he presented a report and evalu- ation of the present eng~neering services. The report is not meant to be personal and that no such connotation is intended. The fact remains, he said, that the City has reached a point in its development where a City Engineering Department can and should be established so that all of the information, personnel, dRta and files are lodged in the City Office, not at a location miles re- moved. He said he feels it would be an advantage and that he pOinted out in the report what the City can do and how they can do it. He concluded by saying that Cupertino would be equally well served by an engineering department under the administr::..tive head where immediate contacts can be made. He cited the example of the Count,y Btulding Department 1Jhich originally served the City and proved impractical as construstion devèoped in sizeable propor- tions, The City now has ltS own Building Department and has found that the service has improved in comparison w~th the use of the COl1nty, The Mayor again as!ced the pleasure of the City Council as to the next step in the procedure. ~loved by Councilman Pelosi that the City ~'Ial1agerl s report be read. 'seconded by Counc;ilma¡1 Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CAHRIED: Benetti, Jewett, Pelosl, 'saich, Lazaneo None None 5-0 C' 491 The City Manager read his report. When this was finished, the Mayor aslced if the City Council wanted the City Engineer to read his report. At the conclusion of the report, Councilman Benetti moved that the City Manager's report be entered into the record. Seconded by Councilman Pelosi, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosl, Saich, Lazaneo None None 5-0 Councilman Benetti asked whether other Councilmen were satisfied with the City Manager's report, and whether they are in accord, The Mayor answered that he would like to hear the City Engineer's report. Councilmen Jewett said that he would reserve any questions until after the City Engineer's report was read, Moved by Councilman Jewett that the report of the City Engineer be read. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTIONicCARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 The City Engineer read his report. * * * * * * Five minute recess. * * * * * * Councilman Saich said that if any discussion was about to take place, the five Councilmen should discuss the matter among themselves in a closed personnel session and decide the issue, To discuss it in public would necessarily involve personalities and someone would be hurt, The Mayor said that he bas no intention whatsoever to hurt anyone but on the other band, the issue is before the City Council and they should and must act, He asked the City Attorney if the issue does constitute a personnel or executive session, The City Attorney said tlllit he does believe that it can be considered in personnel session, Councilman Pelosi said that the Council has to make a decision and it should not be postponed, but should be considered tonight whether in personnel session or in open discussion. He said there are 19 points in both reports and the Council should have enough information so that it would not be necessary to put off the matter any further. The Mayor said he would defer to Councilman Jewett (sufferring from a neclc injury), He said he does not feel the issue ..¡as more important than Councilman Jewett's health and he would therefore leave it up to that Councilman to say whether or not he could con- tinue the discussion. Councilman Jewett said be is able to remain. Councilman Pelosi said it is now necessa~J to decide whether the meeting should be open or closed. The ~<1ayor said that there are questions to be answered since discrepancies appear to him in the figures presented in both reports. Councilman Benetti said that the Council should divorce the matter from any personal issue and that it should be an open meet- ing with personalities left out, He said he would not participate in a closed session, -6-· ,;1°9 ':Ji:èJ"", Counc:ilman Saìch asked how they could hold a sessìon of pros and cons without involving and discussing personalities. He said he does not believe in "ralcing anyone over the coals" and therefore the discussion should be closed. The City Council has had the reports for some time now and should have their minds made up. Coui1cilman Je1"¡ett said that everyone agrees that someday the Ci ty l'Illl have 1 ts own engineering department. The Ci ty ~1anager and City '.~r¡gineer both have su'ùmitted good reports and the question now is whether or not the City is ready to establish its own engineer- ing department at this time, whether the Council can rely on the City administration to set up its own engineering departrænt at the present time. ~ ~ ~ 1- !{'J~~ The Mayor said again that there are discrepancies in the figures submi tted by the City Hanager and the City ClerIc and he would like some anSllers before voting. Moved by Councilman Benetti that the discussion be continued in open meeting, Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARnIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 On response to a statement by the Mayor, Councilman Benetti agreed that the total moneys necessary to operate a city engineer:Lng department should be considered in the repo rt. The t.'!ayor posed the question of whether or not a City Eng~neer- ing Department could handle all of the work without engaging the consultant, The City Manager ansI/ered "yes", that the City Engineer could do all of the work required by the City. The Mayor noted that no provlsion is made in the City Manager's budget i'or a secretary to the Engineering Department. He asked how tl1e department could manage without a secretary, saying that he feels that the City should set up a proper department if it is go~ng to set one up at all. He aslced the City Council ii' they feel that such a department would not need a secretary. Councilman Benetti said that the department could be considered with the addition of the secretary, thus adding (;;Ii-OOO to $5000 to the bUdGet. Councilman Jewett again aslced the question ¡¡are we grown up enough to set up our ovm engineering department at this time? He said he does not believe that we are. Councj_lman Pelosi said that the town may be big enough to have ~ts own engineering department, but that at the moment the Councilmeil do not have all the answers necessary to make the decisions. He said that the conflicting reports need to be clari- fied by the Council so as to vote properly. Councilman Benetti eng~neering department. to h~re a City Engineer There Has ¡10 second and said that the town i s b~g enough for its 01'1;1 He moved that the City Manager be authorlzed and set up a City Engineering Department. the motl0,1 died. 'rhe ¡·'!ayor said that a lot of question[J remal;1 to be answered and he feels that the CO\Flcil should go into pe¡'soimel sess~on, Councj_lman Benettl aslcedlHhat questions?" The t;'!ayor said that a'; answer to that question would dwell on personnel issues and it seems that personalities would be involved. He advised that the Council set a date for a personnel session on the matter and resolve the issue once and fOl" al1. Councilman Benettl aGain aslced whether it is a matter of personnel, indicating he believed to the contrary. 493 The Mayor adjourned the meeting to November 1, Wednesday, at 7:00 P.H, Meeting adjourned at 11:25 P.M. APPROVED: /s/ Niclc J. Lazaneo Mayor, City of Cupertino ATTEST: ) (clL;L ,(t.~....\.~-c:...f:' 'i ty lerk \- Councilman Pelosi called attention to the agenda of October 19, which has never been finished. * * * * * The City Council met on November 1, 1961, at 7:00 P.M. for study session, with all Councilmen present, and the City t1anager, City Engineer, City Attorney and City Clerk. 1. The City Manager reported that the County has planned Mountain View-Stevens Creek Road south of McClellan as a 60' right-of-way. 2. Don Banks, representing Clark Glasson, et al, briefed the City Council on his clients' position relative to Cupertino's annexation of Stevens Creek #11. A t the conclusion of the tallc, the Mayor scheduled November 9, 1961, 8:00 P.M, at City Hall, as the time and place for a meeting between the City Council and Attorney Banks, and Glasson, Hubbock and Bracher, Hr. Banks assured the Council that he will notify his clients and have them in attendance on November 9. -8--