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HomeMy WebLinkAbout05-06-1970 City Council Minutes SARATOGA CITY COUNCIL SUMMARY O~ MINUTES TIME: WEDNESDAY, MAY 6, 1970 PLACE: COUNCIL CHAMBERS, CITY OF SARATOGA, 13777 FRUITYALE AVENUE, SARATOGA, CALIFORNIA 95070 TYPE: REGULAR MEETING I. ORGANIZATION A. ROLL CALL - The meeting was called to order at 7:33 P.M. B. MINUTES - Moved by Mr, Smith, seconded by Mr. Sanders that the minutes of April 15 and April 21,! 1970 be approved as mailed and that the reading be waived; carried and so ordered. C. APPOINTMENT OF PLANNING COMMISSIONER APPOINTMENT Mayor Robbins accepted with regret the resignation of Russell Bacon from the OF NORMAN J. Planning Commission and nominated Norman J. Martin of Miller Avenue to complete MARTIN TO Mr. Bacon's term. Mr. Martin is head of the pioneer space program at Ames PLANNING Laboratory. He has been active in the Prides Crossing Homeowners Association COMMISSION as President and as a member of the Architectural Control Committee. He has attended many Planning Conmis'sion meetings during the past years, has made comments based on considerable thought and investigation and has always been very well informed. Moved by Councilman Smith, seconded by Councilman Sanders to accept the appointment of Mr. Norman Martin to the Planning Commission. Carried unanimously. Oath of office was then administered to newly appointed Planning Commissioner Martin for the term ending January 21, 1973. II. BIDS & CONTRACTS A. EASEMENT AGREEMENT WITH ROBERT W.AK_EFIELD MIST AND FRANCES FAUS - Continued from 4-15-70 EASEMENT Mr. Smith reported that there were two committee reports relating to this AGREEMENT - subject, one is directly related to the Park Drive drainage problem; the MIST &;:'FAUS other to the question of cooperative project policy. Mr. Smith referred to the Policy Committee report dated April 24, 1970, which recommends a change in the participation policy and full participation by the City when there is a serious threat of personal injury or property damage. In addition, the City Attorney would be directed to draft a new ordinance requiring payment of a storm drain fee as a condition of issuance of a permit for tennis courts, pa~ed areas and structural additions which decrease percolation and increase storm water runoff. Mr. Smith moved adoption of the report, seconded by Mr. Sanders and carried unanimously. On Park Drive a considerable increase of the natural runl-off has been caused by construction of houses and paved areas which have accentuated the drainage problem.. It is the suggestion of the Public Welfare Committee that we complete the job correctly. Jim Huff, Bob Dwyer and Mr. Smith have contacted all'the residents and there is a real reluctance to participate in a;~cooperative project. Because of the threat of further property damage, Mr. Smith moved for adoption of Public Welfa~ Committee report dated April 24, 1970 and that the Mayor be authorized to sign the easement agreement with Robert Mist and Frances Faus~!seconded by Mr. Sanders. Carried and s o ordered. City Attorney recommended that the signature of the new Mayor be affixed to the Agreement. B. AGREEMENT WITH LYNGSO GARDEN MATERIALS, INC. RE INSTALLATION AND MAINTENANCE OF LANDSCAPING ON MANOR DRIVE FRONTAGE ON LYNGSO PROPERTY AGREEMENT Mr~ Huff reported that the staff had met on May 5 with Mr. Lyngs? and his WITH LYNGSO attorney who advised him not to epter into such an agreement but instead to GARDEN landscape the frontage Of Lyngso Garden Materials property along Manor Drive MATERIALS CITY COUNCIL MINUTES MAY 6, 1970 B. RESOLUTION NO. 518 - Resolution Ordering Formation of Manor Drive Park Maintenance District MANOR DRIVE In view of the discussion under Item IIB., without objection, this P.M.D. matter was referred to the me~ting of May 20, 1970. C. RESOLUTION NO. 535 - Resolution Setting the Fee for the Apportionment of Unpaid Assessments Under Division 10 of the Streets and Highways Code, Part 10, Sections 8730 to 8734. Mr. Huff reported that thi§ was the establishment of the fee for the. legal. work required on the assessment district project. The Feason for the fee is that the bonding Attorney who participated must take some action and prepare some documents in connection with this split. Therefore, we pass the fee al'n to person who is splitting the o g the property. Moved by Mr. Smith to adopt R~solution No. 535; seconded by Mr. Sanders; carried and so ordered. D. RESOLUTION NO. 536 - Resolution Directing Msking of Amended Assessment re Certain Assessments Under Resolution of Intention No. 344 - Verde Vista Improvement Project Assessment No. 9 FEE FOR ASSESS- This resolution sets the hearing to determine how the assessment should MENT SPLIT - be split. VERDE VISTA Moved by Mr. Smith, seconded by Mr. Sanders for adoption 8f Resolution No. 536; carried and so ordered. E. .RESOLUTION NO. 537 - A Resolution Urging the Santa Clara County Inter- City Council to Conduct a Study of County Wide Law Enforcement Problems and to Determine the Feasibility of Forming a County Wide Law Enforcement Agency RESN. 537 This was a non-a~endized item. Mr. Sanders reported that for the past ASKING ICC three years theCfty Council, through the Public Welfare Committee, has TO MAKE LAW conducted a continuing study of Law Enforcement alternatives for Saratoga. ENFORCEMENT The primary goal of this study is to establish a valid factual foundation STUDY on which the City can base its decisions on law enforcement. Although 'the Law Enforcement study is not yet complete, the information already assembled points up the critical necessity for county-wide coordination of law enforcement effort. Few of the problems faced by the police agencies today confine themselves within nmnidipal boundaries. Mr. Smith felt it was a very appropriate idea, especially from the position that Saratoga occupies, relying on County services for its police protection at the present time. Also, he felt~it~was critical to work o~t area problems on an area basis. The Public Welfare Committee recommends that the City Council authorize the Mayor to request the Inter City Council to conduct an extensive study of law enforcement in Santa Clara County to determine the feasibility of creation of a County wide law enforcement agency to assume primary responsibility for conduct 0~ regional law enforcement functions. Moved by Mr. Smith for adoptionof Public Welfare Committee report dated May 1, 1970, seconded by Mr. Sanders; carried and so.ordered. Moved by Mr. Smith, secondedby Mr. Sanders for adoption 0f Resolution No. 537; carried and so ordered. Mayor ~Robbins instructed the staff to move on this as quickly as possible. IV. SUBDIVISIONS, BUILDING SITES'& ZONING REQUESTS A. TRACT 4345 - Acceptance gf Improvements for Construction Only TR. 4345 Mr. iHuff reported that this was a routine matter of construction CONSTRUCTION / - 3 - ACCEPTANCE qI~Y COUNCIL MINUTES MAY 6, 1970 and maintain that landscaping. The letter submitted by Mr. Lyngso's Attorney on May 6, 1970 does indicate that Mr. Lyngso expects to perform this work and have it completed by. May 30, 1970. The City Attorney reports that the letter in itself is not binding. However, Mr. Lyngso will have to go through Site Approval before he can further develop the property. The intent of the Agreement was to provide a binding contract whereby the frontage of the property on Manor Drive would be landscaped. The idea was that Lyngso Materials could contribute more to the beautification of the neighborhood by landscaping their frontage than they could by participating in the Manor Drive Park Maintenance District which will maintain the median in Manor Drive. The materials listed in the letter indicate the same type of materials as used in the median indicating compatibility. The letter indicates that the landscape maintenance costs will be borne byLyngso as long as the adjacent propertl o~raers are assuming the costs of landscaping in the median. The~ey ~t the moment is whether the Council feels that this is a good indication that he will proceed. If so, then it would be appropriate to adopt the resolution ordering formation of the Manor Drive Park Maintenance District~ without the addition of the Lyngso property. In response to a question from May~r Robbins, the City Attorney stated that it would probably be necessary to re-form the entire district if Mr~ Lyngso's property was to be included at a later date. Mayor Robbins stated that there was a need to bring Mr. Lyngso's property up to par with the rest of the property and that we could place conditions on development of the property at a later date. As written, the Resolution forming the district now restricts the area to be maintained to the median. Mr. Sanders stated that this had often been discussed and he was under the impression that this wouldn't be a problem. He felt it was unfair to the residents of Manor Drive to leave the City with an une~forceable agreement. Moved by Mr. '~mith that we continue the matter and that the Mayor be authorized to execute the Lyngso Agreement; seconded by Mr. Sanders. Carried and so ordered. It was the consensus of the Council that if this agreement is rejected without a reasonably enforceable substitute, that the Lyngso property be included in the assessment district. III. PETITIONS, ORDINANCES & FORMAL'~RESOLUTIONS A. ORDINANCE NO. 46-1 - An Ordinance Amending Ordinance No. 46 to Permit C.A.T.V. Franchisee to Install C'.A.T.V. Cable Overhead along Bohlman Road from City Limit to Norton Road. RD. NO. 46-1 Mr. Huff reported that this amended ordinance establishes that the ABLE T.V. difference in cost (saving) to C.A.T.V. betweenEthe originally con- templated undergrounding of the transmission cable and the overhead line from the City limit to Norton RoadiSh~llb~'compu~ed by the Director of Public ~Works and paid to the City. In addition, Section 3 calIs for minimum monthly franchise payments of $100.00 per month effective July 1, 1970. Mr. Day Carman, representing California Cable T.V. addressed the Council. He stated that there is no objection to commencin the $100.00 per month payment. However, he had talked with~o~d~ Cablevision that morning and there was some consternation concerning the second portion which was not part of the Plan~ing Cormnission recon~nendation, namely that the cost saving be paid to the City. Mr. Carman was not aware this wa~ to be part of the Ordinance. He reported that his client has asked to meet with the Council Committee or City Manager to discuss the second portion of Section II, prior to the next Council meeting, hopefully to have it eliminated or to have the precise language changed. Mr. Carman asked, in view of the circumstances, that the matter be continued until the next meeting and that in the interim arrangements be made for the meeting. CITY COUNCIL MINUTES MAY 6, 1970 improvements completed in accord wi~h the approved improvement plans. Mr. Huff recommended that the Council move for a~ceptance of these improvements. · Moved by Mr. Smith, seconded by Mr. Sanders for acceptance of improvements for construction only for Tract 4345. Carried and so ordered. V. PUBLIC HEARINGS A. C-126 - ROGER W. ROSS - SARATOGA HILLS ROAD - Request for Change of Zoning-~ from !.'R-1-40,000" (Single Family ~esidentia'l) to "R-1-12,500" ~Single- Family Residential) C-126 Mr. Huff reported that the Planning Commission recommends to the City Council ROGER that this be approved.per attached staff report, dated April 13, 19~0. Mr. H~ff W. ROSS reported that two letters had been received in addition to the two already given to the Council, one from Frank C. Nelson !~upporting the application;land one from Thomas B. Fryer opposing it. Mr. Walker reported that theproper~y owned by Mr. Ross is approximately acres in ~ize and fronts on Saratoga Hills Road, opposite Pontiac Drive. There is anexisting small reside~c~ on the westerly portion of the property. Mr. Ross, in the 1969 General Plan Review, requested that the line shown on the General Plan separating medium density residential from very low density residential land use, be moved to the west to include the front portion of his property. This was done by the Planning Commission and Council. Mr~ Ross subsequently applied for a change of zoning for only a portion of the property that was included in the change in the General Plan. The Planning Commission agreed with that request and reconmaended the change of zoning. Although it doesn't include all the property that was in the General Plan, it does include a portion of it to be developed into a 12,500 square foot lot. If successful in obtaining a re-zoning, Mr. Ross Will have to apply for site approval to prove that a lot can be developed oh the site. Mayor Robbins opened the Public Hearing at 8:34 P.M. Mrs. Thomas Fryer addressed the Council. She is the property owner immediately adjoining Roger Ross. She stated that when they originally received the notice from the City they were not opposed+ She said the reason they were not opposed~ was because the map shows rezoning all 20,000 square feet. They did not think that Mr. Ross would put a home some 10 feet from the property as there are no homes immediately next to Mr. Ross Within.some 600 feet. She added that the property has a 25% grade. Shefelt:that closing in their property would reduce the value and they are now opposed to the proposed re-zoning. Mr. Roger Ross, Saratoga Hills Road, addressed the Council. He stated that approximately one year ago Mr. and Mrs. Fryer had endorsed his original application and it wasn't until jus~ before the last Planning Commission meeting that he learned about their!discomfort about the set back. There was never any indication that this would be~._~.'0?~0'0'f~l~t. The area applied to is only the southerly portion. Mr. Ross"stl[~d'~e had' decided on the width of the lot.' The slope of the land is identical with the Fryer's lot. He felt the site he chose was the most buildable site in the particular area with the view and everything considered. The portion to the north.drops down to a driveway and then to a flatter orchard. He does not intend to get an additional lot out of the bottom portion. Mr. Fryer also was present. He stated his lots were purchased by him as eiisting lbts. They are legal non-conf6rming lots. In talking with Mr. Walker he under- stood that site approval would come later which was not a public hearing so that if this is zoned now then the rest is a matter of formality. Mr. Fryer received a copy of Resolution No. 115 of the~Planning Conmission establishing preliminary standards on hillside development which was passed on July 14, 1969. Mr. Fryer felt strongly that the Planning Cormmission should follow the guidelines as set out in this resolution. Without objection, Ordinance No. C-126 was introduced, the Public Hearing was continued to May 20, and the matter'was referred to the Planning Committee of the City Council. Interested parties should contact Councilman Smith.or the - 4 - CITY COUNCIL MINUTES NAY 6, 1970 ~ity staff, to find out when the 'committee will meet. NAYOR ROBBINS CALLED FOR A RECESS AT 9:~00 ~P.M. THE MEETING RE-CONVENED AT 9:20 P.M. VI. ~A~~ NAYOR 1. Mayor Robbins reported that he and possibly, Councilman Smith along with Mr. Huff would attend th~ I.C.C. meeting in Gilroy. 2. Mayor Robbins reported that Mr. Smith will attend theSouth Bay Regional Housing Conference on M?~! 15 and 16 at San Jose State College. 3. Mr. Robbins referred to a letter from Sam Della ~aggiore, who had accepted chairmanship of a campaign to raise funds to build an Inter-Faith Chapel at the Santa Clara Valley Medical Center, Mr. ~Joseph Ridder, Publisher of theSan Jose Mercury News is honorary ~q <jabairman. Mrl Maggiore asked that the Mayor appgint a~.~representative ~"~from Saratoga. This was referred to the Saratoga Ministerial Association. 4. Mayor Robbins r~ported that the Chairman of the Santa Clara County Library Commission, Mr. Julius Lustig is eligible for re-appointment. LUSTIG - I was the consensus of the Council that we should inform the County t LIBRARY that we would be happy to endorse Mr. Lustig for a second term if he COMMISSION wishes to continue to serve. If Mr. Lustig does not want to serve another term, the Council recommends appointment of LarFy Tyler. B. FINANCE 1. Payment of Claims Moved by Mr. Smith, secon]ed by Mr. Sanders for approval of disbursements dated NAy 6, 1970 totalling $23,330,66 and that the Mayor be authorized te sign the warrants. Carried and so ordered. 2. Claim Against the City Mr. Huff reported that we had received a typewritten, unsigned claim from Meyer Scher, Attorney for Charles B. Barber. Mr. Smith moved, Mr. Sanders seconded that the~.Council reject the claim as improper in form and refer i~t to the City's ~ihsurance carrier. Carried and so ordered. C. COUNCIL COMMITTEES & COMMISSION REPORTS 1. Conditional Zoning Time ExtensiOns CONDITIONAL Mr. Smith reported that the Planning Committee had been asked to review ZONING TIME Section 5 of Zoning Ordinance NS-3.6 relative to the-p~{~er of the City EXTENSION Council to grant extensions of a time limit condition under conditional change of zoning~). At present, this Ordinance Section restricts the City Council from granting a time extension different from the time recommended by the City Planning Commission. After reviewing this matter, jr'is the recommendation of the Planning Cormnittee that the Zoning Ordinance be amended to allow the City Council to grant, deny, or modify a conditional zoning time limit as the Council deems necessary without being restricted by the reconm~endation of the Planning Commission. However, this should, in no way, change the requirement ~hat the applicant must first apply to the Planning Commission for a time extension and obtain the Planning Commission recommendation prior 'to action by the City Council. -'5 - EITY~COUNCIL MINUTES MAY"'6, 1970 Moved by Mr. Smith, seconded by Mr. S~nders to approve the Planning Committee report dated March 30, 1970 and that ~he City Attorney be directed to draft an ordinance amendment incorporating the proposed change. Carried and so ordered. It was the consenus of the Council that after we receive the draft that a joint meeting be held with the Planning Committee and the appropriate planning Commission committee to review the draft. ?.. 2. Proposed Funding of Baylands Study Prlgran BAYLANDS Mr. 'Smith reported that on April 2 the Mayor~s Committee of I.C.C. b~ard a STUDY proposal for a Baylands Study Program~ It was proposed that the funding of this.study be shared by all 15 cities~and the county since the Bay and the Baylands are resources vaIuabl& to residents of the entire county. Saratoga's share of funding this $20,000~study would be $480. As of this meeting all the cities but two have agreed to contribute their portion. It was the recommendation of the policy committee that Saratoga contribute its share of $480.00 on the condition that the other cities contribute. Moved byeMr. Smith, seconded by Mr. Sanders; carried and so ordered. 3. Routine Requests for Permission to Serve Alcoholic Beverages on City Premises CHAMPAGNE It was moved by Mr. Bridges that the City Manager or his representative be RECEPTIONS authorized to acknowledge and grant permission to groups requesting permission to hold champagne receptions in connection with pe~foFm~nces at the Civic Center Theater. Seconded by Mr. Sanders; carried and so ordered. 4. Saratoga Drama Group - Request for Champagne Reception DRAMA Moved by Mr. Bridges, seconded by Mr.~Sanders for approval of Saratoga Drama GROUP Group request to gi~ a champagne reception in connectiSn with their opening CHAMPAGNE night of My Fair Lady on July 10, 1970. Carried and so ordered. RECEPTION 5. SDR-844 - 1 Lot on Wardell Road and C~rnieI Avenue - Bianchi SDR-844 Mr. Walker reported that this was a building site approval which was not on the BIANCHI agenda for one lot on Carniel and Wardell Road for Mr. Biachi, He had met all conditions on April 24 and through some confusion had not been placed on the agenda for this meeting. This is an old lot in Tract 1545, Sunset Acres. Moved by Mr. Smith for approval of SDR-844-I, seconded by Mr. Sanders; carried and so ordered. 6. Mr. Walker outlined a problem which hid arisen on the property of Tony Cocciardi COCCIARDI in that recently Mr. Cocdlardi had proposed to excavate and move over 40,000 QUARRY yards of earth from his old quarry site. There was a court judgment made many years ago (1958) and the essence of it was that Mr. Cocciardi could operate the quarry. The ordinance was amended to!conformwith the comments of the judge who heard the case and a subsequent lessee applied~for-la use.p~rmi~ to operate . I the quarry. However, he did not operate under the use permit and has not operated it since. We have adopted a new ordinance making it illegal to open up the quarry now. Mr. Cocciardi feels that the judgment gives him the right to open up the quarry at any time. Mr. Johnston stated that the quarry w~s in operation right now. Thousands of yards of dirt have been taken out during the past week. As background information Mr. Johnston stated that in 1957 Mr.. Cocciardi opened up the quarry through Santa Clara Sand and Gravel. The City authorized the City Attorney to file a suit which stopped the operation. When the case was tried,' ~he~cou~t held that basically the County ordinance which we had adopted by ~erenh~, was unenforceable for several reasons. Regardless of that fact, quarry operation created a nuisance and the court imposed a number of conditions. The City Council passed a new ordinance and appealed the decision of the previous case. The applicant did go in and apply for a Use Permit under the new ordinance, which we felt covered all loopholes, and was granted the Use Permit under two or three pages of conditions. Having granted the Use permit, the City dismissed its appeal. However, the quarry was not operated under the Use ~Permit or otherwise until 6 to 8 days ago. - ~6 - CITY COUNCIL MINUTES MAY 6, 1970 In 1961, the City adopted the basic Zoning Ordinance which provides that non-use of any non-conforming use for six months or more is abandonment. Even a legal non-conforming use has to be discontinued within three years. Mr. Wes Overson, Attorney for Mr. Cocciardi addressed the Council. He stated that he had just spoken to Mr. Johnston today and that he was not totally familiar with the situation. He assured the Council that he would meet with his clients and Mr. Johnston and Mr. Walker and do whatever was necessary. He hoped that the matter could be cleared up without ani~.further action on the Council's part. He stated he would like time to be able to appropriately advise his clients~ and would let the City know by Friday, May 8. Mayor Robbins stated that the Council wished to stop the excavation legally, if not voluntarily, until the matter had been resolved. Mr. Walker reported that Mr. Cocciardi was informed by the Planning Department on April 24, that he was prohibited from quarrying pending review of the judgment and past history of the situation, so he has been aware of the problem since prior to the time he started. He has been in and discussed ~his with the City Planning Department. Mayor Robbins requested that Mr..Overson call his client immediately so that a decision could be;readhed at this ~eeting. Mr. Overson left the meeting and returned indicating that his client was not in any position to stop any Work the following day. He is willing to meet and to inform someone by tomorrow at 5:00 P.M. as to his firm decision. Moved by Mr. Smith, seconded by Mr. Sanders to instruct the City Attorney to proceed to seek an injunction:to halt the quarry operation. Carried and so ordered. 3. Quito Road Overlay QUITO ROAD Mr. Shook reported that at the last meeting he had reported on the Quito OVERLAY Road overlay and the fact that .we had modified the design which would result in additional cost. The initial reaction was thattit was to1 Saratoga's b~nefit and Saratoga should pick up 100% of the cost. Council approved the new design and suggested we go ahead with plans and necessary paper work but continue discussing the matter of the cost. Mr. Shook presented the proposed agreement which reflected increased costs and additional participation by the County and San Jose. It is difficult to ascertain the split in the benefit on this particular project and this is what county staff has indicated they are willing to change from their original position in which they felt they didn't have any responsibility for the extra work. Since!corrective metRods are of such necessity, Mr. Shook recormnended that Counc{1 a~prove this method and participation as indicated. The County is attempting to get this work to.contract by July 1, so that their current fiscal year's funds would be used. The City Attorney has approved the formwith one minor change in Paragraph 10, which was a typographical error. Moved by Mr. Sanders, seconded by Mr. Smith that the Mayor be authorized to sign the agreement. Carried ~nd so ordered. 4. Keyin P. Moran Memorial Park KEVtN Mr. Higby reported that the Kevin P. Moran Park proposal was readily MORAN received by the Parks and Recreation CommissiOn and they have assigned PARK this to the Youth Committee to get some background information on Keyin. - 7 - ~eYTY COUNCIL MINUTES MAY 6, 1970 5. Brother Garden in Japan Mr. Higby reported that this matter had been referred to Mr. Jones' Committee to work in conjunction with the Japanese Cultural Society. E. CITY MANAGER MILJEVICH 1. Mr. Huff reported that at the last meeting the Council referred to the TRAILER 'Planning Director the matter of a complaint from Mr. Croft about trailers on the Miljevich property. He had a report from Mr. Walker indicating that there are three trailers oh the property on Highway 85 between the railroad and Prospect Road adjacent to Calabazas Creek. Two are not occupied. The other is occupied by a caretaker on a temporary basis. The Health Department has investigated the matter and states that the sanitary facilities are adquate. In addition, Mr. Miljevich has cleaned up the property. When this clean up is completed, caretaker occupancy will be discontinued. Mayor instructed the Planning Director to contact the Crofts to see whether they are satisfied with the action that has been taken. 2. We received a letter from the C~unty Executive containing the proposed SHERIFF rate for the Sheriff's Patrol Service for the fiscal year 1970-71 and CONTRACT asking that we acknowledge by May 20, whether or not we approve of this rate and want to continue the service and asking for coranents. The rate proposed is $15.05, up from $13.12, which is a 14.7% increase. Mr. Higby has analyzed the report and prepared a series of questions which will be submitted. Without objection, referred to Public Welfare Cormnittee to review the conments with the City Manager, before they are sent to the County Executive. PROSPECT 3. ~etter in response to our request to Robert Folendorf requesting a LANDSCAPING proposal for preparation of a landscape plan on Prospect Road. Mr. DESIGN Folendorf estimates landscaping project design would cost between $1,200~ and $1,950,,depending on the scope of the project as finally determined in conference with the City and representatives of Prospect Road Beautification Committee and Saratoga Beautiful. It was the consensus of the Council that we negotiate a mare reasonable proposal. VIA ARRIBA 4. A call from Mrs. Elliott at the,corner of Via Arriba and Via Monte indicating that she has obtained a flat concrete price for the island at about $400 less than we had obtained for cobble rock was referred without objection to the Publi~ Welfare Conmittee. CAPITAL 5. A draft of the Capital Improvement Program with the most recently suggested IMPROVEMENT revisions was presented to/CoUncil members for budget review, etc. PROGRAM VI. COMMlrNICATIONS A,~i WRITTEN PETIONRE 1. Petition from residents of the Carniel Court and Ashley!W~y~area WILSON objecting to the re-zoning application submitted by Mr. Ja~es F. RE-ZONING Wilson. Without objection, referred to the Planning Commission. Staff directed to advise petitioners that the matter is being acted on and that their petition become part of the file. VILLAGE 2. Request from several merchants in the Plaza del Roble and Victorian PARKING DIST. Village complex that a four hour parking restriction be imposed on TIME LIMIT the parking lot. Without objection, referred to staff for review and report. TRACT 4673 3. Letter from Mr. Louie P. Tersini, C. & I. Development requesting PITTMAN acceptance of improvement~ for const~action only on Tract 4673 which is the Pittman ProPerty. COUNCIL MAY 6, 1970 Mr. Huff reported that the subdivision, was in the state of readiness for acceptance with the exception of the minimum access road between the sub- division,and Surrey Lane. This would have been accomplished if we had been able to resolve this matter earlier. It appears that the developer ~ith the initial decision of the council has been able to meet with the property owners and work more closely ~th them now that the decision hp~ been made. The dev~oper is requesting that the City Council consider acceptance of the rest of the subdivision prior to the completion of this even though he intends to be di%igent in the completion of the access road. We normally require that the work be 1~0% complete and that all correction of deficiencies be made. The dev~lb~e~ is aware of the procedure, however, in light of the time involved in l~'tt'i~g the decision of the location, Mr. Shook had suggested that he make a special request to the Council. Without objection, referred to the Policy Committee. B.. ORAL 1. Jan R. Keller, 13745 Pierce Road, Saratoga. Mrs. Keller asked that the City Council approve a resolution of the National Federation of Business and Professional Women requesting that President Nixon consider appointing a qualified woman to the Supreme Court. Ma~or Robbins directed that Council members be provided with a copy of this resolution but advised Mrs. Keller!that such acts were not in accord with Council policyof attending to local matters only. 2. Mrs. Keller also thanked the Counci~ for the action it had just taken in relation to the quarry on Fierce Road. 3. Mike Kelley, California Cable TeleVision Corp. invited members of the staff and City Council to attend the start of construction the following morning at 8:30 a.m. at Oak Street and Sixth. 4. Jim Naugle, Vice President, Prides Crossing Homeowners Association asked about the bond for landsc~ing along Prospect Avenue. C & I had agreed to landscape along the fence and one Island in Scully. He wo~ered about the procedure they could use to have the bond money transferred to the Homeowners Association to .complete this landscaping. Without objection, referred to staff. VIII. ADJOURNMENT ~ Moved by Mr. Smith, seconded by Mr. Bridges that the meeting be adjourned. The meeting adjourned at 10:40 P.M. Respectfully submitted JRH:r