Loading...
HomeMy WebLinkAbout08-19-1970 City Council Minutes ~ '~ .... ~ARATOGA CITY COUNCIL MINUTES TIME: WEDNESDAY, AUGUST 19, 1970- 7:30 P.M.7 PLACE: SARATOGA CITY COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA~ CALIFORNIA TYPE: REGULAR MEETING I. ORGANIZATION A. ROLL CALL Mayor Robbins called the'meeting to order at 7:35 P.M. Present: Councilman Bridges, Dwyer, Robbins and Sanders. Councilman Smith arrived at 7:55 P.M. B. MINUTES Moved by Mr. Dwyer that the minutes of August 5th be approved as mailed and that the reading be waived; seconded byMr. ISanders; carried unanimously. II. BIDS & CONTRACTS A. AWARD OF STREET SEALING PROJECT STREET Mr. Huff reported that the Council had before it a summary of bids received on RESURF. the oil and screening project and the ~.C. overlay. He recommended' award to Leo F. Piazza at a cost of $30,178.56 for the O.& S. andeS11,184.38 for the Mr. Shook noted that we would in all probability add some streets to this oil and screening!project at a later date. Moved by Mr. Sanders for acceptance of the bid of Leo F. Piazza as recommended by the City Manager, seconded by' Mr. Dwyer; carried unanimously. B. AGREEMENT WITH P. G. & E. FOR GLEN BRAE DRIVE IMPROVEMENTS Mr. Huff reported that this a~reement was to complete the street improvements GLEN BRAE adjacent to the Glen Brae Railway Crossing. The agreement is to provide for DRIVE sharing in cost of completion of theimprovements by the City and P.G. & E. The (P.G.&E.) agreement has been approved by the City Attorney and executed by the P.G. & E. Mr. Huff recommended that the Mayor be authorized to execute the agreement on behalf of the City. The estimated total cost is $10,000.00, one-fourth of which is P.G. & E.'s share. Moved by Mr. Dwyer that the agreement b~ approved by the Council and that the Mayor be authorized to sign the agreement with P. G. & E., seconded by Mr. Sanders; carried unanimously. III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. ORDINANCE NO. 19-M - FIXING AMOUNT OF REVENUE NEEDED FOR THE CURRENT YEAR The City Manager reported that this was the time for adoptionl0f ~di~a~'N~i'~9-M )RD. 19-M fixing the amount of revenue required for the 1970-71 fiscal year. ='IXING {EVENUE Moved by Mr. Sanders, seconded by Mr. Dwyer to waive the reading of Ordinance No. 19-M. Moved by Mr. Sanders for adoptiop of Ordinance No. 19-M, seconded by Mr. Bridges; carried unanimously. B. RESOLUTION NO. 32-M - A RESOLUTION FIXING TAX RATE FOR FISCAL YEAR 1970-71 ESZN. Mr. Huff reported that this resolution follows Resolution 19-M establishing 2-M the tax rate for the City and Lighting Districts. The City rate remains at ETTING ~fY 20¢, Saratoga Lighting District is 20¢ as against 17¢ last year, Azule is 34¢ AX RATES as opposed to 50¢ last year, and Quite Lighting District is 22¢ as opposed to 29¢ last year. Lighting District rates ale charged.against a~se~sed ~alue of land only. S~RATOGA CITY COUNCIL MINUTE~ AUGPST 19, 1970 '~ PAGE 2 Moved by Mr. Dwyer, seconded by Mr. Smith for adopting of Resolution No. 32-M fixing the tax rate for the fiscal year 1970-71; carried unanimously. C. RESOLUTION NO. 451-B - APPROVING BIrDGET FOR THE VILLAGE PARKING MAINTENANCE DISTRICT NO. 1 AND FIXING TAX RATE FOR THE FISCAL YEAR ~970-71. RES'N. 451-B Mr.-Huff reported 'that this budget f~gure is based on the budget adopted by .VILLAGE the City Council and the Tax Rate is fixed at $1.25 per each $~00.00 of PKG. MAINT. assessed valuation as opposed to $1.45 last year. Moved by Mr.' Sanders for adoptioq of.Resolution No. 451-B, seconded by Mr. Bridges; carried unanimously. D. ~ESOLUTION NO. 543 - CONTINUED FROM 8-5-70 - A RESOLUTION PERTAINING TO DEDICA- TION OF LAND. Mr. Dwyer stated that this is a straight forward resolution announcing that the RES'N. City expresses its intention to accept gifts of land at fee or less than fee 543 with reasonable restrictions as to its use. This was requested of the City LAND Council by the Parks and Recreation vCommission. DEDICA- · TION Moved by Mr. Dwyer for adoption of R~solution No. 543 pertaining to dedication of land; seconded by Mr. Sanders; carried unanimously. E. RESOLUTION NO. 5-H - A RESOLUTION ESTABLISHING COMPENSATION FOR CITY ATTORNEY Mr. Huff stated that. this resolution establishes in resolution form what Was RES'N. adopted as part pf the City Budget - a $960.00 per month retainer for the City 5-H Attorney. It increases the City Att~rney's service to the City from 2 one- CITY half days permonth to one half day per week attendanc@ at [he City offices to ATTY. meet with the Department Heads and City Manager. COMP. Moved by Mr. Sanders for adoption of~Resolution 5-H establishing compensation for the City Attorney, seconded by M~. Dwyer; carried unanimously. F. RESOLUTION NO. 544 - A RESOLUTION AUTHORIZING PURCHASE OF AUTOMOTIVE EQUIPMENT THROUGH STATE pE~ARTMENT OF CENTRAL SERVICES. RES'N. 544 Mr. Huff sta~ed that this was a Resolution to authorize the purchase through the VEHICLE State of one four door sedan and two one-.half ton pick-up trucks as authorized PURCHASE in the budge~. Moved by Mr. Dwyer for adoption of Resolution No. 544, seconded by Mr. Sanders; carried unanimously. t G. RESOLUTION NO. 85-9.1 - A RESOLUTION AMENDING SECTION 1.8 TO ADJUST CITY SHARE OF EMPLOYEE PREMIUM IN ACCORD WITH HEALTH INSURANCE RATE INCREASE Mr. Huff r~ported that the ~ity had received notice earlier this month about a RES'N. proposed rate increase by Blue Cross Which would raise the' employees health 85-9.1 insurance premium for the employee himself to $16.47 from $13.36. This resolu- EMP. tion is drafted to. permit us to go ahead and pay the rate increase which was HEALTH budgeted in the 1970-71 budget. Mr. Huff noted that the staff was also search- INS. ing to see if there is an alterhative which would be to the'advantage of the City and the employees. Moved by Mr. Sanders for adoption of ResolutiSn No. 85-9.1, seconded by Mr. Dwyer; carried unanimously. IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. SDR-764 - SARATOGA FOOTHILLS DEVELOPMENT CORPORATION - 1 LOT - SARATOGA AVENUE REQUEST FOR EXTENSION OF TIME TO APRIL 9, 1971, TO COMPLETE SARATOGA AVENUE IMPRQVEMENTS Mr. Huff stated that when the final map was drawn it was approved on the assumption that the Saratoga Avenue improvements would be deferred uhtil definite action was taken as to what was required on this side of the street. S~R~TOGA CITY COUNCIL MINU~g-~ '~AUGUST 19, 1970 , PAGE 3 i~' SDR-764 It was decided instead of a five year bond to extend this one year at a time. TIME We did not extend it in April 1970 when we should have. EXT. FOR SARATOGA Moved by Mr. Sanders for extension of SDR-764 to April 1971, seconded by Mr,' AVE. Dwyer; carried unanimously. B. SDR-732 - DAVID FRANKLIN - REQUEST FOR CONSTRUCTION ACCEPTANC~ Mr. Huff reported that he had a recommendation from the Director of Public Works SDR-732 that the:impFovem ent~have been constructed satisfactorily in accord with the CONSTR~ improvement plans and that they be accepted for construction only. He noted that ACC. on the agenda he recommended acceptance subject to completion of a segment of the pathway. However, this has been resolved. Mr. Franklin's contractor iS pre- paring to proceed with this and there is a separate bond to cover the pathway. Mr. Huff recommended contruction acceptance. He stated that we do have an easement and when the pathway is putin, the fence will either be moved or adequate openings will be made. Mr. Shook stated that the amount of the bond was $2,200.00 and the developer has a contract to perform the'work for $1,280.00. The Flood Control District has!' not granted an Encroachment Permit for the work as yet; The plans Rave been submitted and Flood Control will(is~'~'a ~ermi~ as soon~as necessary revisions are made. Mr. Shook felt that $1,280.00 was an excellent bid and he didn't anticipate the dev- eloper delaying this any longer than necessary. The pathway goes clear across the property Rut the portion that Mr. Franklin is responsible.for is about sixty feet. Moved by Mr. Smith, seconded by Mr. Bridges that Cjuncil accept construction of improvements, SDR-732; carried unanimously. C. NON-AGENDIZED ITEM - SDR-857 Mr. A1Dossa representing Cal West Communities approached'the Council on a SDR~857 non-agendized item. He requested final map approval for SDR-857 and noted CAL~ that Tentative Site Approval was give9 approximately six weeks ago. He W~T' stated that hi~ clients had a closingidate of September 1 which required both Final Map Approval before ~he lepder will close the deal. The ~ity Manager stated that a representative of Cal West Communities and a representative of his engineer were in the office the previous day andsde- scribed the situation; At that time; Mr. Huff was given to understand that the various'submissions to the City were essentially complete. However, since that time, in discussion with the Director of Public Works, it was discovered that the actual,engineeEing plans were submitted very recently and the staff has not had an opportunity to give this matter the attention it should have before Final Site Approval is granted. Mr. Huff noted that the Council did have the power to grant Conditional Final Site Approval but the condominium concept is a new one and:the staff was reluctant to see it proceed without adequate study. The City Attorney suggested that this matter should be discussed under Oral Communications.. The Mayor so directed. Vo PUBLIC HEARINGS A. C.A.T.V. - A PUBLIC HEARING TO CONSIDER POSSIBLE REVOCATION OF T~E FRANCHISE AWARDED TO CALIFORNIA CABLE TELEVISION CORPORATION. :.A.T.V. Mr. Huff stated that this was the time and place set by the City Council to consider whether the franchise awarded to California Cable Television should be revoked.' The notices have been given to all interested parties. He noted that the file was in his possession for Council review, if necessary. Mayor Robbins declared the Public Hear,f;Bg open at 8:09 P,M. S~R~TOGA CITY COUNCIL MINUTE'~ AUGUST 19, 1970 PAGE 4 Mr. A1 Dossa addressed the Council on behalf of California Cable Television Corporation and noted that Mr. William 'Sinkunas, Vice President was present to answer any technical questions which may arisE. He stated that~.they wel- comed the opportunity to assist the citizens of S~ratoga in this public ~ear- ing to arrive at the best CATV system under the circumstances. Mr. Dossa asked the Council ~o considerthe circumstances which caus'ed the delay in service which was projected to start on February 19 of this year. He stated that difficulty acquiring the head end site delayed the project. Mr. Dossa stated that as soo~ as the franchise w'as granted, California Cable T.V. began negotiations with the Boy Scouts o~ America for a Head End site at Camp Stuart. This transaction fell' through after seven months. Within the following four months, California Cable T.V. ~cqui~ed the only other electronically suited area on Bohlman Road. An application for a Use Permit, first made to the County on FebrUary 5, 1969, encountered stfff resistance from property owners and was deferred until June 10. The Compan~ then applied for a Variance from the County Plannihg Co~nissionand the application was denied. The Company appealed this decision and the appeal was granted bn July 8, 1969. On June 25 a Public Hearing was held concerning Architectural and Site Approval. This was granted on July 9, 1969. They also requested from the City of Saratoga on January 29, permission .to use overhead construction from the head end to 6th and Oak. This was'granted May 20. · In mid-July, all procedural matters were completed, They were granted a pole lease from P. T. & T. on July 20~ The poles are being cleared' at the present time. They could commence the head end installatipn immediately and would guarantee beginning installation of the cable one week after the Council confirmed that California Cable TV could retain the franchise. Mr. Dossa noted that the company had top priority with P. T. & T. and were ready to proceed. Mr. Dossa stated that only after they were granted procedural clearance from the County, were they able to get bids from the contractors on undergrounding because before that they did not know what factors would affect the costs.' Mr. Dossa stated that California Cable Television~s position at this pointswas that they could not perform pursuant to the conditions of the contract because of costs of undergrounding submitted in May of this~year by the contractors. He stated that California Cable TV costs were based on 1968 prices, which were based on 1967 costs. H~ stressed that sub-contracros will not tell you what their bids are until they expect tootart installation. In mid-May low bidder for undergrounding entered his bid. .They considered all the bids and drew the conclusion that they%could not startlthe operation based on these costs and the rate schedule already passed upon by Saratoga. Mr. Dossa distributed a copy of the bids submitted in May for the information of the City'Council. He noted that these bids were based on Saratoga conditions. Mr. Dossa referred to Jardine Construction, who performed the undergrounding in San Carlos in 1968 and stated the costs were not realistic. Jardin~ Construction subsequently claimed bank- ruptcy. On June 16, California Cable' TV informed the Public Welfare Committee that the costs were too high to permit them to install the system underground. Mr. Dossa stated that there had been no lack of diligence in pursuing this once ' they were in poss&~Sio~.~ the actual, facts. A conservative,estimate would place the cost at $20,000.00 per mile. He noted that the problem was compounded in Saratoga by the otherwise healthy conditon of a very low density of fewer than 80 dwellings per mile. He stated that no more than 25% of the families would subscribe within the first two years,'and installation costs would exceed $1,000.00 per family. Mr. Dossa urged that the Council consider modifying the franchise to allow overhead cable where undergrounding is not feasible and where ~tility lines are not now underground. Mr. Dossa re~erred to a survey of 15 cities in Santa Clara County. O~ the ten who have Cable T.V. franchise, 3 have underground ordinances - Sunnyvale, Saratoga.and Monte Sereno. He noted that Monte Sereno would follow Saratoga's example in this particular case, and that Sunnyvale was having problems with the undergroUnding. He continued that there were only two other cities in the United States that have all underground CATV - Colorado Springs, Colorado, which is an unusual situation due to a network of alleyways and San Ca'~l~'~.Where the primary undergrounding contractor had SAraTOGA CITY COUNCIL MINUTE ~.AUGUST 19, 1970 PAGE 5 so many difficulties that it was in bankruptcy as a result. Mr. Dossa felt that requiring the'CATV franchisee to underground where other overhead utili- ties exist would do very little as far~as beautification is concerned. If undergrounding of other utilities is performed later, invariabley the already 1 aid cable T.~. system is disrupted. I Overhead simply adds one more lineabout the size of a nickel in diameter. The line is strung between the telephone and power cable. Mr. Dossa stated that the minimum bore pit in each lot is 4~ x 2~ and that, although only 35% or '50% subscribe, {t is necessary to open up the lots all the way down the street. Mr. Dossa stressed that, in light of all the preparation and work already completed, not to continue with California Cable Television would be considerable forfeiture to the company. He states that they have already spent $60,000.00 which basically represents engineering costs, and costs for the office and staff at the Saratoga Location, which has~been in op- eration for over one year. I Mr. Dossa stated that five to seven miles of conduit have already been laid and they 'a~e ready to install the Head End. Mr. Dossa continued that undergrounding, given presentI~?s~ts, cannot be supported by any community or any company. Much expense and argreat a~unt of time would be wasted if the franchise were awarded to another company. It probably would take at leat 8 months and there would, be the problem of priority with the tele- phone company. Mr. Dossa said that C~liforaia Cable T.V. looks forward to in- stalling and operating the Cable T.V.' system in Saratoga and would be willing to discuss rates, and other problems at .any time. Mr. Smith felt that the thrust of what Mr. Dossa was saying w~s that the California Cable TelevisioD Company c~uld not perform under the existing con- tract. He questioned the delay in installation and wondered why the company couldn't have ~roceeded with undergrounding while negotiating'for a head end site. Mr. Sinkunas replied that he could not lay out a trunk throughout the entire community without knowing where the head end site was or what the measurement of the signal was. M~. Sinkunas stated the Nationwide .Cablevision i~ the parent company of California Cable T.V. It is owned by Kauffman'~nd Broad, and they do have extensive financial backing. He stressed that they would never be able to pay the debt of this system if it had to go underground. Mr. Sanders wondered in view of all the problems encountered i~ California Cable Television' still wanted the franchise in Saratoga. Mr. Sinkunas.replied that Nationwide Cablevision was the pioneer for going underground. They started it in Colorado Springs where they had a unique situation. They went into San Carlos on an underground basis in 1967. When the proposals were 'submitted to Saratoga they.re submitted in 1968 based on 1967 costs in San Carlos. It was not realized that these costs were so far out of line until a law suit was filed by the contractor (Jardine) stating that he lost everything due ~o this undergrounding contract. By this time an agreement had already bee~ signed with the CityLof Saratoga. In reply to a question from Mr. Dw~er, Mr. Dossa said the cost in San Carlos was $13,900.00 per mile. Mr. Dwyer stated that the San Carlos .installation was a trench system in which they went up the street ladder fashiQn. He pointed out that Saratoga~s re- quirement was that they cut a trench along the side of the street and that all crossing were to be bored. Based on San Carlos~z.costs, Mr. Dwyer found it difficult to see how the Company could have come out ahead at the time the original bid was presented. Mr. Sinkunas stated that the original contract was let for less than $11,000.00 per mile, but there was a force account provision which increased tbm cost to over $13,000.00. He stated that the .cost came in at almost $14,000.00 in the latter part of 1969, plus an additional request for approximately 1 million SA~TOGA CITY COUNCIL MINUTE~ ~.AUGUST 19, 1970. _ PAGE 6 dollars beyond that. With new bids for undergrounding the estimated cost for the City ~s $20,000 per mile and nobody knows what ~t-~s=g~ing.~o be..six months from now. Mr. Sinkunas stated that the telephone and power.companies ~eel~it is a mistake to go underground. Mr. Smith pointed out that any discussion about density is irrelevant because the density today is no different than it was when the bid was let out. Sara- toga's General Plan is basically the same. He stated that everyone was inter- ested in a 'Cable T.V. system, however, the contract terms have not been met. Mr. Sanders stated that what Mr. Dos~a and Mr. Sinkunas have been saying is a testimony that they cannot make it under the present contract. He felt that the problem tonight was'to decide what the City is going to do about it. Mayor Robbins asked for comments from members of the audience. Mrs. Kinball, a resident of Alta Vista said the Council should allow Cable T.V. to go overhead where there are existing overhead wires. \ Roy Paxton, Squirrel. ~ Hollow Lane, stated that he was interested in beautifica- tion the same as everyone else and wondered when the telephone poles would be removed. He felt we should go ahead with cable television because we need it. · He felt that the costs would not chahge materially and since California Cable T.V. already put out a considerable amount of time and money, they should be allowed to go ahead. He suggested undergrounding at a later date. Mrs. May, a resident of the Saratogan, stated that she was in favor of Cable Television whether it was overhead or underground. Mrs. Landers, Trinity Avenue, asked whether Mr. Sinkunas would guarantee that when all other wires go underground, Cable T.V. will also. She did not feel that one more wire would make any difference at the present time. Mr. Dossa guaranteed this and stated that this would be backed by a performance bond. Mrs. Joanne Cooke asked whether there would be additional costs to the subscriber when undergrounHihg was completed in the future. Mr. Sinkunas replied that when other utilities g~ underground there would be a 3 way split and the company would be willing to negotiate a cost to the sub- scriber. He stated that the City cohtrols the rate. Mr. Dwyer asked whether subscribers 9ould be assu~ed that they would not be charged. Mayor Robbins noted that eventually costs for utilities do fall back on the subscriber. Mr. Sinkunas responded that this was covered by the City Ordinance. Each year when the company sets its budget they allocate an amount for under- grounding because the telephone and power companies know two or three years in advance what areas are scheduled for undergrounding. He stated that the City controls the rates to the subscribers. They did not intend to charge anymore when they went underground. They have not requested a rate increase anywhere in the United. States under these circumstances. Mr. Eisler, Vickery Avenue, commended the Council for requiring the lines to be underground. He felt that overhead wires were a form of "sight" pollution. He did not feel that the cost of undergrounding was p~ob~bitive and felt that Cable T.V. on overhead poles should not be.allowed. As far as income is concerned, he referred to the FCC rules and said that eventually they will have an income from their own programs, advertising and other sources. He did not think that the arguments' about excessive cost were valid ones. Mark LaFromm objected to further overhead lines and expressed his desire to keep Saratoga beautiful. Mr. Joseph Connolly a reskdent of Gatehouse Apartments, stated that the T.V. SARATOGA CITY COUNCIL MINUTEO ~AUGU~T 19, 1970 PAGE 7 reception there was terrible. He could see no reason why the City should deprive people of the entertainment value of T.V. by requiring wires to be placed underground in an area where there are wires now and probably will be for a great number ofyears. He did agree that they should be underground where P. G. & E. and the Telephone Company are underground. Mr. Dwyer pointed out that the City did grant a variance to put the wires overhead in the area between the Head End and Sixth Street. Mr. Smith pointed out that the Council were anxious to do a good job for the whole cityj If we san get the lines down he felt we should do it. However, he stressed that at the moment the diScusSion concerned a contract which had not been adhered to. If we are goingL to negotiate a new contract, we should start now. Mr. Webb, Brookglen Dr., felt that this was a question of aesthetics vs. service. He wondered whether California Cable T.V. proposed such things as local origina- tion, and dedication of some channels to public service. Mayor Robbins respond- ed that this was written into the contract. Tom McCrystal, Westover Drive, stated that he felt that activity was not begun when it could have been. He referred, to escalation of costs and stated that it is never going to be any cheaper to install this system than it is today. Mr. Richard Delp, Bohlman Road stated that he had furnished vigorous opposition to the head end site. He stated that the first item applied for by California Cable T.V. was the use permit, applied for on March 20, 1970, one month a£ter their deadline for service into Saratoga. He stated that they had made no application whatsoever touse the Boy Scout site. In spite of lack of "home- work" and opposition they were granted a Use Permit, a variance and Architectural Site Approval on July 9, 1970. He felt that a maximum of 3 months and 19 days could be charged to the head end station. He noted that the lette~ of trans- mittal for the Architectural Site Approval made a number of conditions for compliance before a building permit could be applied for. In addition, not one thing has happened at the head end site in the last six months. He did not feel that the delays can be blamed on problems with the Head End. John Crane, Via Pinto, Monte Sereno, 7asked to address the Council since the Monte Sereno system is tied in intrinsically to Saratoga's as we have the same franchisee and head end. He expressed dismay at the complete 1807 turn in way the facts had been presented tonight as opposed to how they were presented in 1969 in Monte Sereno where they were holding up the San Carl6s job as an example. He also felt that California Cable T.V. were unsophisticated in the art of Cable T.V. He stated that the system, as proposed was already outdated and so limited that it will not give the type of service that will be required in a few years. He referred to the great strides which were being made with the~FCC approving micro-waiving from head-end to centralhubs, in-line trouble shooting, and dual capabilities. He suggested that a study be mate of the state of the art today. Joe Montevio, 16681 Bohlman Road objected to ~he Head End site on aesthetic electronic grounds. Mr. Robbins stated that one of_the alternatives we could consider would be providing facilities where they are most needed right now and holding off in other areas. Mr. Smith said that two issues were involved, the present franchise, and the future of Cable T.V. in Saratoga. Mr. Sinkunas stated that if they received consideration from the City Council they would have construction underwa~ by 8:00 a.m. Monday morning, August 24. He added that he had been a residentof Saratoga for several years and was not interestedin this project only from a corporate point of view. S~RX~OGA CITY COUNCIL MINUTE~ .AUGUST 19, 1970 PAGE 8 Karen McCrystal, Westover Drive, suggested a study of the state of the art before deciding on the contract. She was interested in undergrounding and wondered if Saratoga would consider doing a similar thing to Carmel with regard to undergrounding. Jim Naugle, Incrid Court, stated that he lived in a denset area and did get fairIy good T.V. reception. He noted that Cable T.V. has.stated that the rates were guaranteed and would not be raised b~t he felt that we could probably look forward to another meeting asking for a rateincrease. He also felt that there were too many overhead wires right now. He added that antennas on the top of roofs were not aesthetically pleasing either. Mr. Naugle stated that the company had also indicated that their knowIedge of the price change for this construction came about in f969 yet in early 1970 there was a series of meetings about the variance, permission to overhead from Bohlman Road down, etc. and these cost changes were not discussed. He felt that it was time to start looking around for someone else who could provide the service. He suggested looking at some of the original bids which may have been more realistic. Moved by Mr. Dwyer that the Public Hearing be closed, seconded by Mr. Smith; carried unanimously. Public Hearing 'closed at 9:35 p.m. Mr. Smith stated that he felt the entire Council was interested in getting Cable T.V. to the City because there is a great portion of the City which doesn't have good T.V. reception. By the same token, we have to balance that against the desire of the entire populace to see these wires under~ ground. The question is whether California Cable TV is going to execute their contract the way they originally entered into it and they say they can't. Mr. Smith stated he would like to see the franchise revoked and.! a study of the present state of.the art with its various ramifications as it- will affect the City. He felt we should consider everyone including this firm again by any new guidelines set up. Mr. Dwyer stated that there were comparative bids at the time the franchise was granted and 'it is only fair to give the original bidders a chance to participate. Mr. Sanders stated that he had felt this way for some time. He felt there were a lot of things to consider before we' know what kind of specifications we are going to use. Moved by Mr. Smith that the City Attorney prepare an Ordinance revoking the franchise awarded to California Cable Television Corporation, seconded by Mr. Dwyer; carried unanimously? Mayor Robbins thankedlthe ~embers of~the audience for their ideas which he found very useful. He called for a short recess. B. V-349 - JOHN WALLACE -'LUMBERTOWN LANE - AN APPEAL TO THE CITY COUNCIL OF THE PLANNING COMMISSION DECISION TO DENY THE VARIANCE Mr. Walker reported that the Planning Commission at their meeting of July 27 denied a variance application by Mr. Wallace to allow reduction in the site area for his lot in the Toll Gate Subdivision. He was requesting a reduction of approximately 3,180 square feet for his parcel in order to convey that amount of land to the adjacent parcel, Lot 32. The reason for this applica- tion was because the owner of Lot 32 was in fact utilizing this parcel of land in question and Mr. Wallace had no particular use for it. There is no building on Mr. Wallace's lot. The zoning is R-I-40,000. Mr. Walker stated that the Planning Commission denied the variance on the basis that it would set a precedent for allowing lots of a lesser size than the zoning required and also because the objective of the-two property owners could be reached through other means such as conveyance of a perpetual easement. Mr. W~llace felt that that would not suit his purpose and as a result he has appealed the decision of the Planning~ Commission. Mr. Robbins declared the Public Hearing open at 10:05 P.M. · .~SA~R%T~GA CITY COUNCIL MINUTE AUGUST 19, 1970 PAGE 9 Mr. John Wallace stated that he ~ill build down the slope and will have no need for the portion,of land in question. However, Mr. Goldsmith does need the land. He did not feel that the needs of either of them were being served by the decision of the Planning Commission. Mr. Goldsmith addressed the Council. He stated'~. that'this area was a definite and realistic part of his building p~d and it does very much hamper his property from the standpoint of decrease in value of his property if an eventual property owner of Lot 33 decides to do something with that flat area. Reducing the footage'on Lot 33 would not change the overall situation in Toll Gate because t~ere are roughly 20% of the lots which are under one acre. He did not feel that a perpetual easement would solve the 'problem because Mr. Wallace would still own the property and it would not give them privacy on their building pad. He felt that the permanent solution would be to allow this variance. He stated that this was a vital problem to them and it meant a great deal. The potential situation that exists could hamper the value of this property. He requested that the Council grant this variance· Without objection, the Public hearing was continued and the matter was re- ferred to the Planning Committee for report back at the September 2nd meeting· Mr. Smith suggested that Mr. Goldsmith call the City Hall and arrange to attend the Planning Committee meeting. VI. ADMINISTRATIVE MATTERS A. MAYOR 1. Mayor Robbins issued a general warning to the citizens of Saratoga to beware of rattlesnakes in the foothill areas as a resul~ of his encounter with one at Hakone Gardens. B. FINANCE 1. Payment of Claims Mayor Robbins~expressed the hope~that we were using Brian Gage extensively and Councilman Dwyer asked that he do an evaluation of Tanso's relationship to the City and to Green Valley Landscaping. Moved by Mr~ Smith and Seconded by Mr. Dwyer that the list of disbursements be approved and that the Mayor be authorized to sig~ the warrants· Carried unanimously. 2. Treasurer's Report - Noted and filed. 3. City Clerk's FinanCial Report - Noted and filed. C. COUNCIL COMMITTEES AND COMMISSION REPORTS 1. Santa Clara County Planning PoliCy Committee - Mr. Smith Mr· Smith wondered whether the, Council felt they would need an oral 'PC presentation on the proposed joint planning Council· 'LANNING :OUNCIL Mayor Robbins felt the Planning Commission should look this over and pas~. along any comments and Dr. Nortod stated they would discuss it on Monday and see if anyone wants to take it on. The oral presentation was scheduled for the October 7th Council meeting and Mr. Walker was directed to schedule this with the County Planning Staff. 2. Wildwood Park Design Proposal - Mr. Smith S,AR~TOGA CITY COUNCIL MINUTEO ~ .A~GUST 19, 1970' ~ PAGE I0 WILDWOOD Working drawings based on this plan would cost a % of construction 'costs., PARK proposed to prepare a master plan f6r Wildwood Park for $2,000. Moved by DESIGN Mr. Smith to authorize a contract be made with Mr. Beck for $2,000.00 for the first phase, seconded by Mr. Sanders; carried unanimously. Mayor Robbins instructed the City Attorney to review the contract with the adjacent property owners and the Santa Clara County Flood Control and Water District for the debris basin in Wildwood Park. 3. Mr. Smith referred to a fetter from p. G. & E. concerning a long standing tug-o-war between the City of Saratoga and P. G. & E. with regard to their lines from Metcalf to Monte Vista. The PPC Hillside Committee is going to have the P. G. & E. come before them and hopefully explain why so much cutting is necessary to put in these, towers and lines. Mr. Smith stated he would report back on this item. ~.~ Fruitvale Avenue Walkway ~M~Smith presented:a Planning Committee report formalizing the oral report Fruitvale on which the Council based its action on the August 5 meeting. Walkway Mr. Dwyer asked about the very Attractive oleander plants in front of one of' the residences and Mr. Shook stated that they anticipated action to re-locate the'pl~n~s and have the walkway adjac&nt to the curb. The'residents will be gives the option of re-locating the ~la~ts themselves or the staff will proceed at the time of construction. 5, Prospect Road Landscaping - Mr. Dwyer Mr. Dwyer reorted that the Director of Public Works has obtained a firm Prospect quotation from the contractors for an irrigation system on Prospect Road Road between Saratoga Creek and Brook Glen Drive wich is well below the amount Landscaping for which formal bidding is required.~ Therefore, the Public Welfare Committee recommended that .the City enter into an agreement to have this'work performed by the'contractor submitting the best informal quotation, subject to approval of the City Attorney. Moved by Mr. Dwyer, seconded by Mr. Sanders that the Council authorize the Prospect Road irrigation system to be installed by the contractor submitting the lowest and best bid - Carried unanimously. D. DEPARTMENT HEADS AND OFFICERS 1. Brown & Kauffmann - Request for Deferred Improvements Brown & Mr. Shook reported on this matter in 'response to grown and Kauffmann's letter Kauffmann of May 19. request Tract 4572 Without objection, referred ~o the Public Welfare Committee. '~, 2. ~-X~q~si~8~f Tractor Loader Mr. Shook reported that the approved budget included provision for the · acquisition of a tractor loader for the maintenance department. He re- fractor quested that the Council authorize going to bid on this item. The esti- ,oader mated cost is $9,300.00 Moved by Mr. Sanders for authorization to go to bid to purchase the tractor loader for the Maintenance Department~ seconded by Mr. Smith; carried unan- imously; -3. Status of Current Traffic Studies 'raff~c :tudies In response to an inquiry by Mayor Robbins, Mr. Shook reported that the count at Miller and Northampton was completed today and a report will be forthcoming CITY OF SARATOGA COUNCIL o~A~GUS~ 19, 1970 PAGE 11 at the next Council meeting. Over the past 18 months or two years, the staff has made a variety of individual studies on Braemar and will complete these studies into report~r~.to the Council for the next meeting and possibly by mail prior to that meeting. The staff have taken several actions on Braemar.. They have had signs installed at the intersection with Scotland and double yellow striping is provided. The most recent accident was caused by someone driving on the wrong side of the street. Mayor Robbins stated that he would appreciate receiving these reports as soon as possible. E. CITY MANAGER 1. Resolution No. 545 - Authorizing the City Manager to destroy Useless Records 545 Mr. Huff reported that he had a proposed resolution prepared by the City RECORDS Attorney giving permission to destroy useless records. The resolution has to be approved by the City Council and City Attorney to destroy records over five years old. Moved by Mr.. Smith for adoption 6f Resolution No. 545, seconded by Mr. Sanders; carried unanimously. 2~ Safer SararoSa SAFER' SARATOGA The first public meeting in the Safer Saratoga.program is~scheduled for PROGRAM Thursday, August 20, at 8:00 P.M~ for the business community. 3. City Hall Addition Mr. Huff reported that the correction of deficiencies on the City Hall addition is almost complete and requested that Council authorize him to CITY prepare three warrants for the final payment, subject to the approval-~f HALL the architect and the City Attorney for a total amount of approximately ADDITION $17,000.00 as follows: S & D Construction & Ray Scheidts Electric; S & D Construction & Comfort Heating and S & D Construction. The first two paXments are required because of!liens filed on the job and the antici- pation of these matters being settled in the near future. Overall author- ization is requested to attempt to get this final payment made and not re- quire the contractor to wait for another meeting. Moved by Mr. Sanders that the City Manager be authorized to prepare the warrants tor final payment to S & D Construction, subject to the approval of the architect and the City Attorney, seconded by' Mr. Dwyer; carried unani- mously. VII. COMM]JNICATIONS A. WRITTEN 1. Letter from Harry J. Pfeifer, 15161 Oriole Way about weed abatement and the procedure of the Fire Marshall. Mr. Huff had been discussing this P~EIF~R problem with the City Attorney to arrive at a recommendation. Without ORIOLE objection, referred to st~ff for study and recommendation. WAY ....... 2. Letter from Mr. & Mrs. Bojens, 19025 Brookview Drive, recommending against ~ranting a Use Permit for the use of the farm house situated on the Church of the Ascension property for a ~rop-in center. 3. Letter fromDr. Richard ~. Taylo?, Pastor, Blue Hills Baptist Church endorsing the drop in center. 4. Copy of a letter from Father Warher which was published in the Saratoga -_ Newsywith regard to the drop in center. SA%A,~T. OGA CII~f COUNCIL MINUTES, ~A~UGUST-19, 1970 PAGE 12 5. Letter from Henry Wagner,'P. O. Box 8332 San Jose, With regard to an automatic ground transportation system for San Jose such as the one proposed by the Transportation Task Force of the San Jose Urban Coalition. 6. Letter from Joseph A. Connolly, 20812 Fourth Street, asking that a greater effort be made to provide Cable T.V. to citizens of Saratoga. Mr. Connolly also made this request during the public Hearing. 7. Report submitted by Prides Crossing,Homeowners Association in connection with the proposed Drop-in Center onlthe Church of the Ascension property. 8. Letter from Robert H. Bolduc, 12313 Miller, favoring the establishment of a Drop%In Center at Miller and Prospect Avenues. 9. Copy of a letter from the City of SunnyvaSe pertaining to offsite advertising signs adjacent to County expressways and Rubdivision directional signs. Withbut objection, referred to Planning Director. 10. Letter from' Kaye Anderson, PsycholOgist Acting Drug Abuse Coordinator, Mental Health Services, Santa Clara County indicating that she feels cormnunity groups are necessary to the eventual solution to problems of drug abuse. .~, 11. Letter from Lad Realty concerning ~n application for Use Permit for a Convalescent Hospital on a parcel pf land at the corner of Saratoga Ave. and Fruitvale ~uggesting that if the City desires to acquire this land for a park that immediate action should be taken by the City to purchase the property or grant the request.' Mr. Walker stated that this has been continued pending completiOn of the General Plan Review. 12. Traffic Accident Summary. 13.~ Letter from P. G. & E. with regard to.recently reviewed construction sites for the new'Metcalf-Monte Vista transmission line. 14. Letter from the League of Cities ~announcing that they would like an official voting delegate appointed from each city for the annual fall meeting. ORAL 1. Mrs. Cabby Sithey, Craigen Circle, stated that she had attended the Planning SENIOR Committee meeting on August 17 to hear Mr. Lively's report on the General CITIZEN Plan Review, particularly in regard to senior citizens housing. The report HOUSING given by Planning Commissioner Lively indicated that no consideration had been given to this matter. Mrs., Sithey expressed her hope tha~ Mr. Lively -c~ula'be directed to~re-consider this. 2. Mr. A1 Dossa representing Cal West Communities addressed the Council with regard to Final Map Approval for SDR-857. He stated that maps had been submitted last Thursday, and there were some changes required in the median strip, He state~ that his clieats were contractually bound to closing on September 1 and there is no provision in the contract for an extension. His clients are very anxious that this property not revert to the prior owner and ,they were willing to go to ~he point of having the map approved with any subsequent conditions that the city may consider advisable. He stated that tentative final site approval was given six weeks ago. Mr. Dossa stated that Jim Kaiser, the engineer, was available to answer any questions with regard to technicalitieS.. Jim Kaiser, McKay and So~ps stated that the map before the Public Works Department is basically correct. The map is complete as far as the contract and map and improvements for site approval are concerned. It is technically correct. He stated that they realized this was somewhat out of order in so far as normally the bonds and agreements are before the Council at the SARATOGA CIT~ COUNCIL MINUTES' ~_!A~UgT 19, 1970 - !f PAGE 13 time of this request. Because of the time problem and the unique~s~'j~ of this type of d&velopment in Saratoga, he recognized some of the problems before the staff. However, the 'developer is willing to give staff a blank ch~ck and the conditions are set forth under the tentative map approval. The developer is willing to meet all of these conditions without appeal to the Council. It does place a burden on the Director's shoulders and they realized this and hoped he would be willing to assume this burden. The map itself is more simple than an ordinary tract map. The City Attorney poieted out that this was a standard Conditional Approval form. Mr. Shook stated that this is a new type of development of Saratoga and for his staff. Normal procedure dictates that map comes before the staff includ- ing bonds, agreements, dedication forms, fees, etc. and then the Council is informed that all is in order and it is appropriate to approve the map for recording. At the moment there is a map and set of improvement plans which the staff is checking. They were received late last week and while they do not appear complicated, it is a hew type of development. If the Council .' granted approval for the recording of the map they would be asking the staff to be sure that Items A through U were completed before the Final Map is recorded. It is possible tha~ Council approval of this request would not solve the problem. .City Attorney pointed out~that this has been done before and there is a form resolution whichCake~ care of these things which have not been completed. Mr. Huff thought that by August 31 if all these conditions had not been met there would be extreme pressure exerted on the staff to do something to permit it to go to the Recorder. He felt that it was important for the applicant to realize that the staff could only do their best to comply with this request. Mr. Smith felt that the reluctance was due to the fact that this is a new area and the Public WOrks Direct6r was showing some concern for this reason. Mr. Shook responded that possibly there was no great concern. He understood that there was a subsequent map ~equired to be filed which actually defines the space which people aqquire. The staff could attempt to see that the con- ditions are taken care of by tha~ time, but it was his feeling that any action of the Council this evening would not ensure that this will be performed by September~l. Mr. Shook stated that the first map is not difficult at all. The engineering is not difficult either. The only reluctance is that normally we have some part of the package before we have approval. The difference between this and any other approval is that we do not have any documentation. Mr. Shook had no objection if the applicant realized he must get this information to the City before the deadline. No action by the Council could ensure that date. At the request of the City Manager, the applicant agreed to reimburse the City for any overtime involved in this request. Moved.by Mr. Smith, seconded by Mr. Bridges for adoption0~ Resolution 857-1, granting Conditional Final Site Approval for SDR-857. Carried unanimously. VIII. ADJOURNMENT Mayor Robbins acknowledges the presence of Planning Commissioner Norton, Ruth Owen, Jessie McGuire, Mrs. Slade and Col. Mayfield as well as a number of residents who had participated in the Public Hearing. The meeting adjourned at 11:30 P.M. RESPECTFULLY SUBMITTED J. Ro HUFF, CITY CLERK