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HomeMy WebLinkAbout09-15-1965 City Council Minutes SARATOGA CITY COUNCIL SUMMARY OF MINUTES TIME: Wednesday, September 15, 1965 7:30 P. M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga TYPE: Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at 7:30 P. M. A. ROLL CALL Present~ Councilmen Glennon, Dr'eke, Hartman, Tyler Absent: Councilman Burry B. MINUTES Min~te'S It was moved by Councilman Drake, seconded by Councilman Hartman and - unanimously carried to waive the reading and approve the minutes of the September l, 1965 meeting as written, subject to deletion of the words "and carried unanimously' in the second paragraph on Page 7. II BIDS AND CONTRACTS A. CONTRACT WITH MR. MAHER FOR ACQUISITION OF RIGHT OF WAY FOR SARATOGA AVENUE Maher - Saratoga It was moved by Councilman Hartman, seconded by Councilman Tyler and Ave, r/w unanimously carried to autho~ize the Mayor to execute an agreement ~ between the City and Anice A. and Emil H. Maher for acquisition of right of way for Saratoga Avenue at a contract price of $700.00. III PETITIONS~ ORDINANCES AND FORMAL RESOLUTIONS A. RESOLUTION NO. 289 Rest289 B. RESOLUTION NO. 290 Res.290 Unpaid With no objection, Mayor Glennon deferred Resolutions 289 and 290 Assessments to the October 6, 1965 meeting, amid resolutions being resolutions Sara-Cox determining amount of unpaid assessments for the Saratcga and Cox ~enue Avenues improvement and the Saratoga and Cox Avenues Storm Drain ~ and Sanitary Sewerage project. C. RESOLUTION NO. 291 .D. RESOLUTION NO. 292 Res. 291 Res. 292 It was moved by Councilman Drake~ seconded By Councilman Hartman and Sal~ of carried unanimously to adopt Resolutions 291 and 292, being resolu- Bonds - tions calling for sale of bonds for Saratoga and Cox Avenues Improve~ Sara~.Cox ment Project and Saratoga and Cox Avenues Storm Drain and Sanitary Avedue Seizerage Project, respectively. ~ E. RESOLUTION NO. 295 Res. 295 Amending Councilman Hartman moved for the adoption of Resolution No. 295, Assessment amending the assessment and diagram for the Saratoga and Cox Sara-Cox Avenues Improvement Project, splitting the original assessment District of Parcel ~6 into 6A, 65, and 6C. Motion was seconded by Council- man Tyler and unanimausly carried. ~ IV SUBDIVISIONS AND BUILDI~ SITES A. ~ACT 40~2 - S~I1 C!R~GLiANO - SD-564 Tr.4062 Cirgiliano Mr. Hanley reported that all conditions have been ~, bonds SD-564 posted and fees paid for Tract 4062, a five lot subdivision on Leonard Road. It was moved by Councilman Drake, seconded by Council- man Hartman and carried unanimously to adopt:Resolution No. SD-564-1, approving the final map for Tract 4062. B. SDR-546 - MASON SHAW SDR-546. Mr, Henley reported.that all bonds have been posteds fees paid and Madon condit~ons met in connection with the application of Mason Shaw Shaw for final Building site approvallfor one lot in the counuercial zone on Big Basin ~.lay adjacent to the Theatre buildins. Mr. Henley indicated that this application was carefully reviewed by the .Planning Commission and the original plans had been revised to meet the off~ street parkin~ standards. The property is planned for office use with one apartment upstairs and is sub3ect .to design review. The Council'discussed the possi- bility of a weakness of the Cede which m~ght allow inadequate parking space in the event a site is approved for one use and sub- sequently leased to another use requiring more parking space than the original use planned for the area. It was moved by Councilman Hartman, seconded by.Councilman Tyler and carried unanimously to adopt Resolution No. SDR-546-1, granting building site approval to Mason Shaw for one lot on Big Basin Way. The Council also indicated concern about allowing an expansion or addition to an original use which has inadequate parking and it was pointed out by Mayor Glennon that this particular situation is unique in that the theatre use, while providinginadequate parking, operates in later hours or on weekends when they can take advantage of adjacent parking spaces normally used for other businesses. Planning Commission Chairman Norton stated that he felt that the present codes which provides for increasing parking when there is a change of uses is adequate but that the need for strict enforce- ment of this provision is indicated. C. C-55 - CARL L. DOZIER C-5~ Mr. Herman J. Mager, attorney representing Mr. Dozier, was present Doz!er on behalf of the application for an extension of time in which to Conditional comply with conditions of conditional rezoning. With no objection, Rezening Mayor Glennon referred the matter to the Planning Committee of the Council and the Subdivision Committee of the Planning Commission for study and reco~Enendation. In answer to his question Mr. Mager was advised that he will be notified of the joint committee meeting and is welcome to attend to present his client's views. D. SDR-521 - WILLIAM C. PERRY SDR-521 Mr. Hanley reported that all conditions have been mots bonds posted Wm. Perry and fees paid for one buildin~ site on Bohlman Road and it was moved by Councilman Drake~ seconded By Councilman Hartman and unanimously carried to adopt Resolution No. SDR-521-1 granting final building site approval to William C. Perry for one lot on Bohlman Road. The Director of Public Works stated'that a site development plan for the site has been submitted and that a grading and excavation permit will be required. E. SDR-595 - LAWRENCE YEGGE SDR-595 Mr. Henley reported that all conditions have been met except receipt L. Yggge of a copy of the recorded survey map and that the Staff recounends ' approval subject to this receipt. As a point of interest Mr. Henley noted that this site is the excess State right of way parcel which is located on Saratoga-Los Gatos Road and was sold at public auction. It was moved by Councilman Hartmans seconded by Councilman Tyler ' and unanimously carried to adopt Resolution No. SDR-595-1, granting building site approval to Lawrence Yeggefor one lot as indicated above. F. SDR-572 - HANS J. ~4EIG SDR-572 Hans Zweig ~. Hanley reported that all conditions have been met-and it was moved by Councilman Tyler, seconded by Councilman Drake and unanimously carried to adopt Resolution No. SDR-572-1, approving one lot on Madtone Hill Road as a building site on the application of Hans J, Zweis. V PUBLIC HEARINGS ~ 8:00 P.'M. A. C-86 - NEIL K. CHASE C-86 M~yor Glennon declared that this was the time for the public hearing N. Chase on the ap~lication to fezone from R-I-10~OO0 to R-M-3,000 approxi- Re~oning merely 2.06 acres located on Saratoga Avenue imm~diately adjacent to the a~artment property known as The Saratogano Mr. Hanley read the Planning Commission report dated August 23~ 1965 in which the Pla~ming Commission reviews the subject and recommends adoption of the conditional rezoning. The Council and Staff discussed this report, conditional rezoning procedure, conformante with the General Plan, and past action of the Council relating to this property and Planning Commission Chairman Norton stated that he did not think this recommendation would be in conflict with the General Plan. Public Hearing was opened at 8:30 P. M. and no one present wished to address the Council regarding this matter. Mayor Glennon directed the Planning Commission file introduced as evidence and with Council approval~ the public hearing was continued to the'next regular meeting.and the matter-referred to the Planning Committee for recommendation at that time, B. AZULE HOMESITES IMPROVEMENT DISTRICT A~ul~ (1) PUBLIC HEARING OF PROTESTS TO RESOLUTION OF INTENTION TO ORDER Homesites ACQUISITION AND IMPROVEMENTS DistriCt Public Mr. Hanley described sanitary sewer problems affecting the Hearing reconstruction of three streets in the Azule area which led to the Public works Committee recommending that the opening of bids be deferred and that the Mayor be authorized ~o execute a joint exercise of powers agreement between the City and Cuperttno Sanitary District. Mr. Hanley explained the Cupertino Sanitary District's concern about the City's specifications because of the shallow depth of a mznber of the sanitary sewers on Sea Gull Ways Zorka Avenue and Ted Avenue. After consultation with the District theStaff and Public Welfare Committee came! to the condlusion'that it would be necessary to re- place those sewers at a greater depth. The Committee discussed the possibility of the City and the District splitting the cost of the replacement of these shallcw se~rs and the laterals that connect to them. It is clear, Mr. Hanley reporteds that it would not be possihle~ and in some casess not appropriate, to have owners pay for sewers now when the work done on the street was the impetus for the sewer work. The Staff of the district indicated that they felt it would be desirable to consider splitting the cost and Mr. Hanley indicated that there is some question regarding the City's possible liability for the condition of the sewer if the streets are installed on the~. The estimated cost of the sewer work is $20~000 to $25,000 and if this approach is approved by the Council the specifications will be amended to include the sanitary work end it is the further reconnnendation ~ the Public Welfare Connnittee that the work be done, splitting the cost on a 50-50 basis with the sanitary district. This additional work would not be subject tO assessment. The effect of ~he above recommendation, if approved~ would be to open the public hearing and continue it until the proposed new bid opening date, at which time information based on the actual bid will be available. Mayor Glennon opened the public bearing at 8:~0 P. M. and asked for a brief outline of the proposed project. The Director of Public Works introduced his engineers report on file with the City Clerk in evidence and briefly described the work proposed to be done, 6-Dnsisting of curbs, gutters and side- walks, stcrm drain facilities and street paving cn Sea Gull Way, curbs.and gutters and storm drain~ and street ~aving on other streets in the Azule area for a total estimated Cost of $150,000. Mr. Huff explained that the spread of asSeSsment was b~ed 8h the foll~Wfhg basis: (1) 10% of the ne~ .project COst of the assessment to be spreaaon the basis Of the numbe~ of dwelling units on.each parcel. Each d~elling Unit to pay an equal share of the amount spread on this basis, (2) 10% of the net project cost to assessment to be spread on the basis of the area of each parcel with th3 amount spread.on this basis to be equally spread against each unit. of area, eXCept that Assessment #1 area he limited to 77s600 square feet, !(3) 80% of the net project cost to assessment to be spread Azule on th~ basis of the frontage of each parcel. Each linear foot of }Iom~bites frontage to bear an equal share of the total cost~ except: (a) A Improvement corner lot's frontage to be considered to be the narrow frontage Project plus the length'of the arc at the return. (b) Assessment #49 to Public be based on the cost of the curb and gutter and pavement adjacent Hea~ing to the southermost 44.00 feet of frontage on Coleta. (c) Assess- !~ ment #65 frontage assessment to be based on 100 foot lot width. '~ (d) Assessment #1 frontage computed at 30.12 feet on'Zorka and 60 feet on Ted Avenue (e) Assessment #55 frontage charge to include 45.?6 feet on Sea Gull Way and 30 feet on DeSankaAvenue. Mayor Glennon asked if there were any written protests. The Clerk reported that no written protests had been filed. Mayor Glennon then asked for comments from the audience re~arding this matter. Mr. Walter Bamber~ 12384 De Sanka, questioned the legality of the project on the basis that signatures on the petition may have been obtained by misrepresentation as to who had signed and on the hasis that the petitions do not justify the expenditure. Walter Boggen~ 12471 De Sanka, stated that he had circulated the petition to Mr. Bamber and that at no time did he mention the names of others who may have signed the petition but did inform him that a majority of property owners h~d signed the petition. Jack Young, 12385 De Sanka, opposed the formation of the district on the basis of retaining rural atmosphere. He sta~ d that sidewalks would mean skateboards and improved streets would speed up traffic. Mary Gllbert~ 20310 Sea Gull IQay, supported the proposed improvement and stated that sidewalks are needed~ especially where children play in the street which is the only outlet for the entire area (Sea Gull). Fred Adolph, 20255 Sea Gull Way, stated that hats in favor of the project and confirmed that there was no coercion.or suggestion on the part of the petition eirculator that any one would sign the petition for any other than concern for safety. Mr. Donnell, Sea Gull I{ay, reported that at the presen~ time the Cupertino Sanitary District charges $250. to locate laterals and run them to individual lots and asked if the City and District install new laterals if this charge will be substantially reduced. Mr. Donnell explained that the plans for the laterals have been lost and the District has set this fee to cover the cost of probing for and finding the laterals but that if new laterals are ~ihS tailed their location would be known. Mayor Glennon and Mr. Henley explained that the City has no control over the Sanitary District's policy regarding lateral charges but that those who presently are connected to the sewer could expect to be connected to the new laterals without charge. Gordon Smith, 12384 Ted Avenue, was informed, in answer to his question, that the City has not yet entered an agreement with the District. John Moonay, 12385 Ted Avenue, spoke in favor of the proposed district and cited his reasons as aesthetic in addition to correcting serious road deficiencies. Jim Doi, 20296 Sea Gull Way, Mrs. Eleanor Perry, Mrs, Sheeth, 12444 Ted Avenue, Mrs; Meryl V~n Alstine, 20339 Sea Gull Way, Frances Fat]os and Dorothy Smith of 12384 Ted Avenue.all Spoke in favor of the project, Stating ~hat the improvements are u~eded tO correct the poor drainage and street defic~enaie.s.Wh~ch pre~e~t a driving h~zardlaud safety menace to the school children who must walk on the muddy street~ Mr. John Thorns, r~presenting B. T. Galeb, protested the assessments on parcels I10, 112, 115 and 117. Mr. Thorns filed awritten pro- test at 9:09 P. M. and the protest was accepted subject to determi- nation of whether or not it was a validly filed protest. Mr. Thorns indicated that the Galeb~s are in whole-hearted support of the district if ~hat iS the wish of the majority of o~ners but that the above listed parcels do not benefit by the proposed improvement. Mr. Thorns stated that it does not appear that arrangemeuts have been ~ made for provision of storm drainage adequate for future develop- : ment of the undeveloped areas of these parcels and that these ~ lots are not contiguous to the proposed improvement. Mr. Thorne A'ZuI~ also objected to the inclusion of these parcels in the assessment Home~ites district on the basis that there is no benefit to these areas now Improvement and that when they are developed costs will be incurred for drainages project streets~ etc. to serve the development and these costs will not be Public shared by other properties in the area. Mr. Thorne cited several Hearling cases as precedent for hie argument that assessment must be made on the basis of improvement aside from mere general advantage to the community at large. The market value, Mr. Thorne continued, must be 'determined to have been increased by the proposed improve- ment and that his arguments~ he feels, clearly indicate that the market value will go down on the parcels in question. He indicated that he did not think this a sufficient hearing to show benefit to these lands. Mr. Thorns stated that he was willing to waive the requirement that his client's written protests be read. In response to questions from Mr. Assaf, Counsel for the proposed district, the Director of Public Works reported as Project Engineer that the storm drain system to be installed is designed in accord- ance with the master storm drain plan for tile area and stated that parcels 110s 112, 115 and 117 are bensilted by the proposed district as a result of being served by the proposed storm drainage facilities and for the following additional reasons: (1) Parcel 117, Assessment ~1 - The rule for the spread calls for the area to be limited to 77,600 square feet of this 20 acre parcel. The area is occupied by eight dwelling units located within ~he 77,600 square foot area, and there are 60.00 linear feet on Ted Avenue and 20.12 feet on Zorka by which these dwelling units are served for ingress and egress. (2) Parcel 115~ Assessment ~55 - contains three dwelling units on 78s800 square feet with 45.76 linear feet on Sea Gull and 30.00 feet of frontage on De Sanka, by which access is obtained to the parcel and the dwelling units. (3) Parcel 112~ Assessment #56 - Contains three dwelling units on 78,800 square feet with 100 linear feet of frontage on Sea Gull Way providing access to the property. (4) Parcel iI0, Assessment ~90 - The assessment was based on a potentiality of one dwelling unit on an area of 12,138.35 square feet and no frontage. The reason for including this parcel was that the proposed development of Parcels 109 and 110 called for division into two parcels ironring on Sea Gulls not Highway 9o Therefore it was felt that parcel was an integral part of the assessment district and would benefit from improvements on Sea Gull Way. Mr..Philip Assaf~ respres~nting the bonding attorneys for the pro- jeer, stated that the entirearea that benefits should be assessed in the improvement district and that the assessment has been com- puted on front footage~ area, and number of dwelling units, that all the area within th~ proposed district will benefit as described by the Engineer of ~Yorks and that $50,000 is the estimated cost to be assease'd; Azule Mr~ Huff stated that the local storm drainage problems will be taken Hom~sites Ca~e of by the proposed work, that from a traffic safety standpoint Imp. rovament he ~eels this improvement is necessary to file area and that the DiStrict entire area proposed to be assessed will be improved by the project. Public Healing Mr. B. T. Caleb, Sea Cull, stated that he has been cooperative with any planned improvements for the area but is reluctant to agree ~' with some of the cases which he feels have been unjust. Mr. Caleb ! stated that it is his intent to eventually develop the~property alnng the Southern Pacific Railroad tracks and that adequate drainage should be installed so that it will serve the addftional area if and when it is developed. If larger pipe is required then it is Mr. Galeb's wish that it be done at this time even if it increases his share of the costs. Mayor Glennon asked if any one else present wished to speak regarding this matter and there being no response the Mayor then asked Mr. ~ssaf what provision is made for obtaining the oral protests in written form. Mr. Assaf advised that it is within the discretion of the Council to allow oral protests and to count them in computing the percent of protest even though they are not in writing. He further recommended that the public hearing be continued until the opening of bids on the work. Mayor Glennon stressed to those present the Council's desires to kno~ of any protests and that any who will be unable to attend the hearing of October 20, as proposed for continuation, should present his protest tonight or in writing before that .time so that the Council can consider it. The Mayor also announced that the plans and specifications are available for inspection and may be examined during the recess which he will call after this item is dispensed with. With no objection, Mayor Glennon continued the public hearing on the proposed Azule Homesites Improvement Project until 8:00 o'clock P. M., October 20s 1065, at the regular meeting place. Recess: lO:lO P. M. Reconvened: 10:20 P. M. (2) RESOLUTION NO. 293 Res~-~ Azule Councilmen Hartman moved that the date of the bid cpen!ng on Reschedule the Azule Homesites Improvement be reachedclod for 3:00 P. M. Bid Opening on October 18 with 8:00 P. M. on October 20, 1965 set as the time ~ for Council consideration o£ the bids. This resolution is to he prepsled in a formal memorializing form to be numbered Resolution ~ No. 2F]-V.ICouncilman Tyler seconded the motion which carried , unanimously. (3) RESOLUTION NO; 294 Reso 294 ,. Azule - Mr, Henley pre~ented R~Solhticn No, 294 regarding the joint joint exercise of ~o~ers agreement with Cupertiuo Sanitary District, Exercise this matter having been discussed earlier prior to the'public hear- Powers ing on the Asule Homesltes Improvement District. It was moved by Agreement - Councilman Hartman, seconded by Councilman Tyler and unanimously Cup. Seal; carried to adopt Resolution 294s authorizing the Mayor to execute District the agreement and providing for the insertion into the resolution ! provision that if the assessment district doesnot go through then this resolution will be null and void, .'VI OLD BUSINESS A. QUITe LIGHTING DISTRICT QuitO! Mr. Henley reported that the County has not yet abolished the Quite Lighting Lighting District so with no objection, Mayor Glennon directed the DiSt~ct matter continued at this time, ~ B. FORMAL REQUEST FROM SUPERINTENDENT UNGAROFORUBE OF COUNCIL CHAMBERS Mr. Hanley presented a letter from Saratoga School District Superin- tendent Ungaro formally requesting use of the stage area of the SchoOl Council Chambers for school orchestra use between the hours of use qf 12:50 and 1:35 P. M. each school day. Mr. Hanley explained that Council the school timetable presently calls for construction of an audi- Chambers torium by September, 1967 but he feels that the school is concerned only with this school year at this time. Mr, Henley advised that the school understands that their custodians will be responsible for daily maintenance of props, stage areasetc. and that the school has agreed to assume all liability which might incur from their use of the building, Councilman Drake expressed concern that the requested use might become a regular school facility which would preclude use by others who may want to use the building but th'at as long as the school understands their responsibility he is willing to'agree to the proposed use in the interest of helping the school and of repaying the school district for its help to the Council in the past, Council- man Drake then moved that the request of District Superintendent. Ungaro for use of the stage portion of the Council Chambers during the school year 1965-66 from 12:50 to 1:35 P. M. Monday through Friday be granted subject to execution of the usual contrf.ctual arrangement which includes a hold harmless clause. Motion seconded by Councilman Hartman and carried unanimously. In answer to a question from Councilman Hartman~ Mr. Henley reported that although he has not heard from the School District regarding the Clty~s request as to whether or not the District has excess landat the Fruitvale School, he understood that the Board had met last evening and indicated that they do not have land that is not needed at the Fruitvale School but they do have excess land at the Foothill site which they intend to suggest for City use as a park or similar use. VII ADMINISTRATIVE MaTTERS A. MAYOR (1) The Council agreed to a suggestion by the Mayor that the City School Adminis~rator be asked to inquire into the possibility of the excess City acquiring the adjacent property on the ~outh side of the Fruit- property vale School in the event it would be suitable for school use and could he traded for school property adjacent to the Civic Center site~ (2) Ma~or Glennon 'r~po~ted that; as'previously requested by. the. Council, he has been investigating th~ p.0sSibfltty of eucoUragtng the building of'a golf course and ha~ asked Peter Pasett~ to lay 6~t the ~c6nomy of ~h~ si.tuation t~ '~ee if a developer could build hOmeS ~nd ~ g01f:course in a planned community dQ~elopnie~tg He Golf indicated that the cost involv~d would be ap~6X~m~t~!~..seven million C0u'~se dbllars and ~hat any ih~erest i~ such a project H&S bSe~ dimished by Development the great'nUm~er of property o~ners involved ih the p~o~os~d area study which liep r~Ughiy, from sohth of FrUit~a~e School to Douglas Lane ~ on the west Side b~ FruitVale Avenue and south of the proposed West Vall~y College site to near Three Oaks Way on the east'side of FrUitvale AvenUe. The Mayor discussed the possibility of calling a meeting of the o~ners ~ho might be involved to discuss the type of development contemplated and determine if they see any advantage t~ it. The Mayor explained that all the land is zoned R-1-40,O00 and from studies which have been made it seems economically un- profitable to develop acre sites but if enough land owners agree on a cluster type development the same land density can be retained x~hile obtaining a golf course of 120 acres. The City Attorney advised that it would be possible to use a combination procedure of condemnation and property purchase to acquire the land~ if necessary. (3) Mayor Glennon announced that a special meeting has been set Youth for the afternoon of September 23 to discuss the location and Center nature of a youth center and that high school students and representa- meeting tires of the Recreation District and local youth groups have been invited to attend. He stated that the Bandel's musical group will play from 3:30 P. M. to 4:00 P. M. and again after the meeting which is expected to terminate by 5:30. B. FINANCES Bills (1) It was moved by Councilman Drake, seconded by Councilman Hart. man and unanimously carried to approve the disbursements on the list dated September 15, 1965 for a total amount of $104,641.91 and authorize that warrants be drawn in payment. Finance (2) The City Clerkis financial report and the Treesuterus report Reports for the month of August, 1965, were submitted and accepted and ! Mr. Hanley noted that in excess of 99% of the City~s funds are deposited in interest bearing accounts. C. COUNCIL COMMITTEES No reports D. DEPARTMENT HEADS AND OFFICERS Federal (1) The City Attorney informed the Council that under a new Funds Federal program funds are now available on a matching basis for Parks for park and playground facilities. He explained that funds are & Playgrounds available on a matching 50-50 basis for thee expenditures over and above those expended the prior year. The Council conc!~rred that it should be investigated and the City Administrator was requested to check out possible benefit for the C~ty. Ord. 38.7 (2) Ordinance 38.7 was introduced and referred to the Public re utility Welfare Committee. The proposed o~dinance was prepared by reloc~tions the City Attorney to strengthen the City~s position in the event ~ that a proposed civic improvement project encounters problems as a result of sewer or other utility reloeations. E. CITY ADMINISTRATOR (1) SDR-588 - DALE WICkHAM Mr. Henley read a report from the Planning Director, dated SDR-588 September 15, advising that the Planning Commission had Wickham considered a motion to approve a request from Mr. Dale Wickham Underground for deletion of a requirement for underground utility installation Utilities imposed as a condition of site approval SDR-SSS. As the vote was Exception tied it is the recommendation of the Commission that there be Request no change in the previously imposed conditions. Mr. WicRh~map~e~on ~ehalf of hi~!~e~UeSt ~nd after brief discussion, MaYor Glennon, With Coundil ~prev~l, referred the matter to the~ ~ia~n~,~Omm~eCee for a~ 0n site investigation aud subsequent recemm~ndhtien t0 ~he ccuncilo ~ianning Com~i~0n chairman N0r~on indicated that ther~ is need Underground f6~ ~ol~c~ar~f~C~!on ~egardtng UndergrOund utilities for utilities indi~id~ai 1~ ~e !u geared thatt~ere.may be cases ~here Policy the council might {~tS~ ~ · . o ~iv~ thi~ requirement because the pr~- perry would not be impko~ed by ~uc~ in~allatien. With no objection, Mayor Glennon referred this policy qde~ticn to the ~landing Com~ mittee for review and recommendation. . VIII COMMUNICATIONS A. WRITTEN Saratoga (1) A letter was acknowledged from MrS. Shelley commending the Drama Saratoga Drama Festival group for its recent performances Festival and suggesting the possibility of community financial support Commendation to this kind of activity. CrosSing (2) The Council received copies of a letter signed by residents of Guara Ravenwood Drive area east of Quite Road expressing their Rav~nwood gratitude for Council action in granting approval for an = adult crossing guard at the comer of Quite Road at Raven- are~ wood Drive. (3) The City Administrator was directed to reply to a letter from Reid Lane Mr. and Mrs. Martin Sprinsock regarding traffic conditions Traffic on Reid Lane. and to inform them of the traffic studies Conditions which have been conducted in this area and the results of ! these studies. The City Administrator will also request the Sheriff's Department to exercise special surveillance and traffic ~ontrol on Reid Lane. B. ORAL Mro David Adams, 70 Reservoir Road, Los Gates, Attorney, appeared SD-5~2 on behalf of Mr. Harvey Green and asked for Council assistance in Harvey solving a problem encountered by Mr. Green in trying to obtain Green easements required by the Planning Commission as conditions of Subdivision subdivision approval for a proposed subdivision on Verde Vista. Verde Vist~ l~c. Adams explained that the applicant had hoped to file for final Lane~ map approval prior to this meeting but has been unable to gather allthe required data for this agenda. One of the items which has delayed the matter, Mr. Adams continued, is Mr. Green's inability, to date, to acquire the storm drain and sanitary sewer easement required by the City. A portion of the storm. drain easement lies within the sanitary district boundaries and a portion is outside the boundaries. The Cupertino Sanitary DiStrict approved a resolu- tion of condemnation for the easement and then, on the advice of their attorney, Mr..Anderson, indicated intent to withdraw the resolution on the basis that since the city has Jurisdiction over the entire area and the district has only that within its boundaries, the City would be the proper jurisdiction to condemn the property, if necessary. Mr. Green proposed to post a $2,000 bond to cover any possible cost incurred by this easemen~ and, at the same time, continue negotia~ions to acquire the easement x~ithout resorting tO condemnation procedure. After extensive discussion, Councilman Drake moved, seconded by CounciIman Tyler~ that the Council express its intention at this time, based upon the bone fide negotiations by the applicant be- tween now and the Council's next meeting of October 6 to attempt to purchase the easement required by the Planning Commission, and~ in default of ability of the applicant to purchase the easement by t~e nekt me~ting; then. the council wili ~dopt aresolution of i~t~ntiOn tb ~Cqdire ~he necessary e~sem~nt by Condermat~on subject td the aeve~oper,en~e~ing into an agreemene with the bity to pay all c~S~s ~f ~ohdemnatioh hnd posting ~uffiCient ea~h bond with the City to cover the estimated CostS. Motion Ca~ieA with Councilman Hartman casting a dissenting vote. (2) Mayor Glennon acknowledged, with pleasure, the presence of Planning Commission Chairman Norton and the r epresentatives of the Good Government Group. IX ADJOURN~ZNT It was moved by Councilman Hartman, seconded by Councilman Tyler and unanimously carried to adjourn the meeting at 12:15 A. M. Respectfully submitted~ W'~LLXAM C. 'HANLEY / CITY CLERK /