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HomeMy WebLinkAbout05-20-1970 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: MAY 20, 1970 - 7:30 P.M. 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 ~:35 P.M. Present: Councilman B~idges, Dwyer, Robbins, Smith. Councilman Sanders arrived at 7:40 P.M. Mayor.Robbins announced an executive session to be held following the regular meeting to discuss pending litigation with the City Attorney. B.~ MINUTES Moved by Mr. Smith that the minutes of May 6, 1970 be approved as mailed and that the reading be waived, seconded by Mr. Bridges; carried and so ordered. Mr. Dwyer abstained. II. BIDS & CONTRACTS A. AGREEMENT WITH SAN JOSE FOR THE PROSEECT-MILLER SIGNAL Mr. Huff presented the agreement proposed between the City of San Jose and the City of Saratoga for the installatio~ of a traffic signal at the intersection Prospect- of Miller Avenue and Prospect Road which is on the northern boundary of Saratoga, Miller adjoining San Jose. The agreement provides that the cities share the cost 50/50 Signal and that the City of Saratoga prepare the plans and handle the details of the bidding, etc. THis has been reviewedby the City Attorney and approved by the City of San Jose. Mr. Huff recommended that the Mayor be authorized to sign the agreement. The total cost estimate is $36,000. Moved by Mr. Smith that the Mayor be authorized to enter the appropriate agreement, seconded by Mr. Dwyer. Carried and so ordered. III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. ORDINANCE NO. 46-1 - Continued from May 6, 1970 - An ordinance Amending Ordinance No. 46 to permit CATV Franchise to install CATV Cable Overhead along Bohlm~n Road from City limit to Norton Road. Mr. Dwyer reported that it was the Committee'S recommendation that since ~r_o~_~he s~re~y_has ~p~sed~'unco~ditilon~i acceptanCejof_~he_=conditions. im posed on the time extension, that the Council withdraw the extension and recommend Ordinance that a public hearing be set to determine whether the franchise should be kept with No. 46-1 the California Cable T.V. Corp. Mike Kelly, General Manager, California Cable T.V. addressed the Council. He stated that they have had many discussions with the Council and the City Manager 'regarding the variance. The original intent had been to secure the main line system down the hill in the best possible manner. Through their engineers, they 'had asked for an overhead variance for the security of the system coming down the mountain side. Mr. Kelly stated they were granted this, but were not told they would have to pay the difference in cost to the city in cash. The company could .not understand adding this condition due to the problems they have had. They felt they were faced at this time, with a two million dollar plus system and were now being asked to pay in cash something that was before them through no fault of their own. Mr. Kelly pointed~out that they were very anxious to install the cable T.V. system in Saratoga and that it would have a unique feature of being completely flush mounted. He stressed that they did not feel that because they asked for the variance to eliminate a problem that they should pay the cash value~ to the City. SARATOGA CITY COUNCIL MINU~ES CONTINUED MAY 20, 1970 Mr. Dwyer failed to understand why this proposal should imp'ose a burden since when the bid was submitted, the cost figure included undergrounding throughout the City. Mr. Kelly re-affirmed thatTwhen the proposal was made to the City the company had intended and still does intend to bury the cable throughout the city. The overhead system referred to now happened as a result of a series of circumstances. The original plans were very different for the head end.~ Mr. Kelly insisted that the company had not been~ told during the negotiations that they would be asked to pay the difference in cost. Mayor RobBins pointed out that there seemed to be three issues in ~uestion - whether the City should get the difference in cost; ~'e recommendation which thec6mmittee.h~3 ~de..~iBce ~the b.oBding compq~_ib~s. nO~.provided proper assur- ance ap~L._w_b~th~e~7_W~Z o~ght to award the franchise to another company. Mr. Day Carmen, also representing California Cable zT.V., responded that to his understanding the assurance has been ~rovided by the bonding company. Mr. Huff stated that a~[letter had been received from Mr. Druckman, conditionally accepting the terms of granting the time extension and have received a letter from the surety endorsing Mr. Druckman's conditional acceptance. Then at the April 15 Council Meeting, it was determinedTthat Druckman's conditional acceptance was inadequate. Mr. Carmen had stated that California Cable T.V. would agcept the terms of the extension unconditionally, and that he would send a confirming letter. He sent this letter, but as yet, no endorsement of Mr. Carman's letter has been submitted by the bonding company. Mr. Carmen stated that it was his understanding that the originhal endorsement could be assumed jto apply to his letter. Mr. Sanders emphasized that there is no assurance that the bonding company will con lt~ons. We have'not received a confirm- accede to our request and accept the d ation from the surety that they have accepted the terms of the time extension. In response to a question from Mr. Dw~er as~to what the situation was in regard to the head-end, Mr. Carman responded 'that a Use Permit was granted by the County Planning Commission for the head end at the top of Bohlman' Road. Then it came before the Board 6f Supervisors,I~h~appeal. The Board had a full hearing last week on the appeal, and they conff~med the head end use permit. Mr. Carman commented on the fact that the. companX seemed to spend a great deal of time coming before the Council and the Planning Commission because of the fact that two weeks goes by between meetings. He hoped the Council was cognizant of the administrative matters involved. He assured the Council that the company was extremely anxious to proceed with ,installation. The reason for the overhead from the top of the hill was that undergrounding could pull out the whole system if we had a slide. Mr. Carmen conceded that the Council hasi=the right to impose any conditions they desire. However, he stated, that to suddenly come before the 'Council and find that they had t'o pay ~n additional 12 or 14 thousand dollars, was a shock. He wondered if they were to save money by some engineering technique' would there be a condition that this necessarily would be paid back to the City? %He felt it was unjust to suddenly haveZ this condition thrust upon them. Mr. Carmen asked that the company be allowed to meet with the Council as a whole or the committee to come to some resolution in this matter and hgped that~ithe Council would not set a public hearing~ but would give them an opportunity to submit this surety acceptance. '. Mayor Rbbbins again clarified that there were three different items under dis- cussion: 1. Are we interested in a continuance? 2. Should the City be paid an amount equal to the cost saving on~he Bohlman overhead? 3. Do we want to set a public hearing to consider revocation of the franchise. - 2 SAR~TOGA CITY COUNCIL MINUTES'CONTINUED MAY 20, 1970 It was the consensus of the Council that they did not want to continue this matter. ~ It was the consensus ~ the Council that they did favor payment of the cost ~saving tothe City. With regard to setting a public hearing, Mr. Smith felt that we should wait until the next meeting to set a public hearing and hold the report in abeyahce. · Mr. Sanders felt strongly that California Cable T.V. had failed to perform and .he would like to bring the whole subject up to a public hearing on the performance of the contract. He stated he would be willing and pleased to meet with the personnel of California Cable T.V. on any pertinent facts. 'Mayor Robbins did not see the point in'setting a p'ublic hearing unless we were seriously considering awarding the contract to another company. Mr. Carman stated that he would appreciate the opportunity to at least submit the letter from the surety and said that the City is not going to be seriously hurt if the matter was not settled before July 1st. He stated that the difficulty in setting the public hearing is that it makes it virtually impossible to make further progress on the system. Mr. Sanders stated that on examination of the work the company has started, it is apparent that 'a lot of these problems have not been thought through. Our offer 'has not been accepted to our satisfaction as of the last Council meeting, therefore, it was his point of view that we should withdraw our offer and set a public hearing. He felt now was the time to take a firm stand and reconsider the whole matter. The City Attorney stated that at the meeting of this Council on March 4, it was his understanding that the company has asked for an extension of time and there was a Public Welfare Committee report whihh recommended that the extension be igrantedsubject-tS. certain con~f~ions. w~i~h reli~f~d· to construc~iont~h~i~% ~ That committee rep6rt'w~s'~d~pt~d a~d the'extension g~anYed on'the dondition ' that the company accept in writing, the terms outlined in the report, and that their surety also accept the same terms. In addition, they also had to obtain a zoning variance to go overh'ead because the zoning ordinance proh~!bits over- head utilities. The Planning Commission granted a variance. It is now necessary to adopt Ordinance No. 46-1 to permitlthe overhead installation on Bohlman Road between the City limit and Norton Roadf~y'California' Cable 'T~V,! ~-~ Mr. Shook stated that Mr. Kelly has been making three or four bores during the past week, and also working towards making trenches to show how well they will ~be able to blend the trench resurfacing with the existing street pacing. It was . Mr. Shooks belief that if he is successful.in "erasing" the trenches that the next thing would be to request more generous trenching of the streets. Mr. Dwyer remarked on the consistent apprehensiqn about the company's r~sistance to boring. Mr. Carman stated that the company had spent several weeks trying to negotiate precise standards. He hoped that they would be given time to meet these standards. He was confident that ~his would be accomplished on the basis of what they have done during the past week. He stated that there were several recourses if this I was not done as agreed with Director of Public Works and City Manager and that they would have the right to stop the~work if it were not being completed to the City's satisfaction. He assured the Council that the question of the surety acceptance of the terms of the time extension would be resolved promptly. Moved by Mr. Sanders that the city withdraw the offer to~.extend the time limit * since the terms of the time limit extension have not been accepted by California Cable Television and that the city base further actions pertaining to CATV!on the original contract. · and substitute t~enching for boring AYES: Councilman Sanders · NOES: CoUncilmen Bridges, Smith, Dwyer and Robbins The Motion failed. - 3 - SARATOGA CITY COUNCIL MINUTESCONTINUED . Moved by Councilman Dwyer, for adoption of Ordinance 46-1 amending Ordinance No. 46, modifying certain provisions o'f the Franchise heretofore granted to California Cable Television Corp. for a CATV System in the City of Saratoga, seconded by Councilman Smith. Carried and so ordered. B. RESOLUTION NO. 518 - Continued from May 6, 1970 - Resolution Ordering Formation of Manor Drive Park Maintenance District. Mayor Robbins stated that at the last meeting there was a question as to whether to include the property of Mr. Lyngso in the formation of the Manor Drive Park Maintenance District. The Mayor was ~u~horized tosign an agreement with Mr. Lyngso, however, Mr. Lyngso had not signed the agreement. les. Mr. Ruff stated that Mr. Walker had talked to Mr. Lyngso who indicated he would ,18 enter some sort of agreement and would meet with Mr. Walker todiscuss the specific {anor agre&~e~and that he has already let the contract for landscaping the Manor Drive Dr. frontage of his property. '.M.D. Mr. Walker stated that Mr. Lyngso is willing to enter an~agreement and he suggested that Mr. Lyngso~s attorney draw up something that would be satisfactory to him and the city would review it. Mr. Lyngso had stated he would meet with Mr. Walker Friday of this week to examine the agreement. Without objection, continued to the next regular meeting. C. RESOLUTION SDX-3946-1 - RESOLUTION ABANDONING UTILITY EASEMENT Mr. Huff stated that this resolution corrects the description on a previous description on a previous resolution adoptedgto abandon an easement in the Res. Toll Gate Subdivision. SDX-3946-1 Moved .by Mr. Dwyer, seconded by Mr. Smith for adoption of Resolution SDX-3946-1; carried and so ordered. D. RESOLUTION NO. 36-B-121 - RESOLUTION ACCEPTING DEDICATION OF STREETS IN TRACT NO. 3438 AND RELEASING THE PERFORMANCE BOND '~,~ Mr. Huff stated that we hav~ a recommendation from the Director of Public Works ~'-~-~ that the improvements have been completed according the plans and!that they be Res. accepted into the city street system.. ~6-B-121 Tr. 3438 Moved by Mr. Smith, seconded by Mr. Dwyer for adoption of Resolution 36-B-121; Carried and' so ordered. E. RESOLUTION NO. 538 - A RESOLUTION OF ~NTENTION TO FORM THE GREENBRIER MAINTENANCE DISTRICT. Res. Mr. Huff stated that this resolution sets the Public Hearing and expresses the 538 Council's intent to form a Park Maintenance District in the Diz-Crane Subdivision Greenbrier which includes Tract 4628 and other areas which included on a tentative map sub- P.M.D. mitted by Ditz-Crane. This was a dS~{tio~ of subdivision approval by the Planning Commission to maintain the landscaping on Cox Avenue. Moved by Mr. Dwyer for adoption of Resolution 538, seconded by Mr. Bridges; carried and so ordered. IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. C-i31 - ERNEST T. BARCO, JR. - Allendale Avenue C-131 Mr. Huff stated that we have a recommendation from the Planning Commission Barco that this rezoning request be denied and the City has a letter from Mr. Barco indicating that he asks that this matter be referred to the Planning Committee for due consideration and recommendation. Mr. Barco addressed the council and.stated his desire to have a public hearing before the Council on this matter. Moved by Mr. Smith, seconded by Mr. Bridges that a Public Hearing be held June 17, 1970 at 8:00 P.M. Carried and so ordered. - 4 - SARATOGA C~TY COUNCIL MINUTES CONTINUED MAY 20, 19~0~ B. TRACT 4673 - C & I DEVELOPMENT CO. - Request for Construction Acceptance Tr. 4673 Mr. Huff stated that this was referred to the Policy Corfanittee at the last Constr. meeting and the committee report is ready for council consideration. Acceptance Mr. Bridges stated that the Policy Committee had reviewed the request for construction acceptance by C & I Development Company. It is the committee's understanding that the only outstanding item on the improvements required is the completion of the minimum access road and pathway to Surrey Lane. Because some of the delay in completing this requirement was caused by the city's attempt to make this construction meet the approval of the adjacent property owners, the committee felt the developer was justified in his request for a conditional construction acceptance. The Policy Committee recommended that construction acceptance for Tract 4675 be approved subject to the following conditions: 1. Completion of the emergency access road and pathway between Rice Court and Surrey Lane within sixty days of the date of conditional construction acceptance. 2. Subm~ sion to the city within sixty days of the date of conditional construction acceptance of Deed of Easement from the Nettesheim property covering the area in which the walkway is constructed. 3. Submission, also within sixty days of the date of conditional construction acceptance of acknowledgement from the Knapp property that the emergency access road is constructed satisfactorily and that all arrangements for abandoning the minimum access road have been made between Knapp and the developer. Should the developer comply with these conditions the committee recon~nended that the one year maintenance period be considered as beginning on the date of conditional construction acceptance. Otherwise the one year maintenance period will be considered as beginning at such time as the conditions are met. Moved by Mr. Smith, seconded by Mr. Bridges to adopt the Committee Report dated May 13, 1970. Carried and so ordered. ~) PUBLIC HEARINGS A. C-126 - ROGER W. ROSS - SARATOGA HILLS ROAD - Continued from 5-6-70 R~quest for Change of Zoning from "R-I-40,000" (Single-Family Residential) to R-i-12,500" (Single Family Residential) MAYOR ROBBINS OPENED THE PUBLIC HEARING AT 9:05 P.M. C-126 Mr. Smith reported that the Committee has reviewed this change of zoning Ross with the applicant and in addition has met with Mr. & Mrs. Fryer who oppose the rezoning. Mr. & Mrs. Fryer own property adjacent to the south of the subject rezoning and oppose the application on the basis that slope density standards should be applied to any proposed division of the Ross property. The Committee and the staff were of the opinion that slope density standards should not be applied as a condition of rezoning but that this matter should be considered at the time of ;Building Site Approval Application. The applicant seeks rezoning for ohly enough area to create one lot of a minimum of 12,500 square feet in size. The map known as Exhibit "A" was shown on the projector for the information of the Council and the audlence. It was the further opinion of the committee and staff that the rezoning should include all the lower property since this change would be completely in accord with the General Plan revision of this area. - 5 - SARATOGA CITY COUNCIL MINUTES CONTINUED MAY 20, 1970 It was therefore recommended that this matter be continued and returned to .the Planning Commission for a report and recommendation on rezoning the entire lower property of Mr. Ross. Mayor Robbins stated that one of th< objections of the Fryers is the possible location of the building on' the site. They felt that if this rezoning were allowed it would be possible to buil'd a house within ten feet of ~ir7property line. Mr. Robbins was in favor of asking the Planning Commission ~6'consider applying a condition on the location of the Ross house to the rezoning. Moved by Mr. Smith, seconded by Mr. Dwyer to close the Public Hearing. PUBLIC HEARING CLOSED AT 9:18 P.M. Moved by Mr. Smith, seconded by Mr. Dwyer to repeal closing of Public Hearing. Carried and so ordered. Moved by Mr. Smith that the Public Hearing be continued to July 1; seconded by MrSBridges; carried and so ordered. Moved by Mr. Smith for adoption of Planning Committee report on the matter of C-126 dated May 20, 1970, seconded by Mr. Sanders as amended to reflect the Mayor's comments with regard to consideration of Planning Commission as ~d'66~_.~.~t_~djlly rezoning this part of the Ross property. Carried and so ordered. THE MAYOR CALLED FOR A RECESS AT 9:20 P.M. THE MEETING RECONVENED AT 9:40 P.M. VI. ADMINISTRATIVE MATTERS A. MAYOR Mayor Robbins stated that he hadL spent a considerable amount of time talking to students and faculty members with regard to student unrest. He stated that more and more students appear to be using political process and he was in favor of this approach. He urged all Saratogans to use this opportunity to communicate with ~he young people who are trying to communicate with them. ~ B. FINANCE A. Payment of Claims ~ Moved by Councilman Sanders,~ seconded by Councilman Smith that the disbursements as herein printed totalling $22,989.21 be approved and that the Mayor be authorized!to sign the warrants. Carried and so ordered. 2. City Clerk's Financial Report - Noted and filed. 3. City Treasurer's Report - Councilman Dwyer asked the City Clerk to convey his compliments to the Treasurer on the format of the report. C. COUNCIL COMMISSIONAND COMMITTEEtREPORTS 1. Thoroughfare Lighting Study Thoroughfar~ The Policy Committee has conducted a study of thoroughfare lighting Lighting with the assistance of the Department of Public Works. There are approximately 100 intersections of collec6~ and local streets with thoroughfares in Saratoga which are unlighted. Two thirds of these 'intersections can be lighted~by affixing a street light to an existing wooden pole. The other third require installation of a new pole and light. A table was distributed showing the cost of installation of the required lighting if the city owns the lights or if P.G. & E. retains - 6 - SARATOGA CITY COUNCIL MINUTES CONTINUED MAY 20, 1970 ' ownership of the lights. It was apparent that it would be to the city's advantage to purchase and own the lights on new poles and to permit P. G. & E. to retain ownership of lights on existing wood poles. Then, as the wood poles are phased out by construction of underground electric systems the lighting will be replaced by city owned poles and lights. The Department of Public Works will c~ntinue to gather information for the cormnittee as to existing and proposed' costs of lighting and as to various types of lighting fixtures available.. The Cormnittee will continue to study the data collected and will provide more detailed recommendation based on the completed study. However, the committee strongly reconmended that the Council approve a program designed to provide lighting along each thoroughfare in the city. They recommended that this lighting be of ~he. type which will alert the travelling public to the location of intersections but not provide or attempt to provide day-light lighting for the intersections at night. This will require a relatively low level of illumination but even at this low level will make a significant contribution to the safety of each citizen of Saratoga. Mr. Bridges pointed out that this was a progress report o~ly. Mr. Huff stated that in either case the rate per month is designed to provide for operation and maintenance of the lamps. Mayor Robbins asked that a descriptio~ of the 100 intersections be published in the newspapers for the information%of the residents of Saratoga. He also asked about the cost of lighting on S~ratoga-Sunnyvale Road. Mr. Huff explained that currently the lights on Saratoga-Sunnyvale Road are maintained by the State and the cost is shared equally by the City. The cost comes from the Gas Tax Maintenance Funds. Mr. Huff suggested that we propose to the State that we enter a similar agreement on other State Highways in Saratoga. Mr. Bridges stated that they have discussed the desirability of establishing some type of plan under which we would talk to Saratoga Beautiful and other people in the community to establish what type of lighting this should be, aesthetically as well as practically. 2. Via Arriba Via The Public Welfare Committee reported that we have had an offer by Mr. Harley Arriba Beatty ~o concrete the Via Arriba Island for $350.00 which is about half the cost of concrete with cobble rock. For a total cost Of $520.00 we can repair the entire island. It was therefore recommended that this be approved leaving an opening where an olive tree can beplaced so it will not be a sight hazard and providing space for juniper or jasmine on the condition that the Elliotts agree to water the tree and planrings'. Moved by Mr. Dwyer, seconded by Mr. S~nders~for adoption of the committee report approving the concrete and planting. L Carried and so ordered. 3. District No. 4 Annexation at Redberry!and Hidden Drive San. Dist. Mr.~derSreported that County Sanitation Dist. No. 4 has asked what position ~4 - Hidden the City would take on the annexation~of seven parcels of land to the Sanitation Dr. Annex District at Redberry Drive and Hidden Drive. These parcels are contiguous to the Sanitation District but are separated from the City by several hundred feet. In the past the City's position, which had been backed by LAFCO, has been made to require annexation to the City at such time as annexation is made to the Sanitation District. In this case, the policy presents some difficulty for the owners, in that the area between the property and the City is developed and they may not be able to obtain the necessary petition for annexation from these individuals. In addition, Hidden Drive is a private road in complete disrepair SARATOGA CITY COUNCIL MINUTES CONTINUED MAY 20, 1970 and the area has been-cut up by metes and bounds descriptions rather than subdivision maps, and there may be sbme problem as to lot size and shape for development in the area. However, to remain consistent in ot~'policy to maintain control over the development of the hillsides and our sphere of influence, this Committee recommends that we require annexation of this area to the City of Saratoga as a condition of annexation to the Sanitary District. .. Mayor Robbins stated that at the Sanitation District #4 meeting this matter was referred to their staff for further study. Moved by Councilman. Dwyer, seconded by Councilman Smith that the committee report be adopted and that District!~4 and Mr. Frank Lewis, the developer's engineer be so advised. , D. DEPARTMENT HEADS & OFFICERS 1. SDR-794 - 1 LOT ON CARNIEL AVENOE - Brian Gage SDR-794 Mr. Walker reported that all conditions imposed by the Planning Commission BRIAN GAGE had been met by the applicant and reconunended that Final Site Approval be!D granted.' Councilman Dwyer moved, seconded by Councilman Smith that Resolution SDR-794-1 be ~dO~'ted~g~anting Final Site Approval to one lot on Carniel Avenue. Carried unanimously. 2. SDR-850 - 1 LOT ON LOMA RIO DRIVE - Osterland Development SDR-850 Mr. Walker reported that all conditions had been met and recommended that Osterland final site approval be granted. Moved by .Councilman Sanders, seconded by Councilman Smith that Resolution SDR-850-1 granting final site approval to one lot on Loma Rio Drive be adopted. Carried unanimously. Miller-' 3. Mr. Shook requested authorization to advertise for bids on the Miller- Prospect Prospect Signal. Bids to be submitted June 21 to permit time for review Signal of the bids by City of San Jose before award by the Council on July 1st. Councilman Smith moved that the City Clerk be authorized to advertise for bids on the Miller-Prospect signal according to the timetable recommended by Mr. Shook. Mr. Dwyer seconded the motion which carried unanimously. 4. Park Drive Storm Drain Park Drive Mr. Shook announced that Rlans for the Park Drive Storm Drain were ready Storm Drain and requested authorizatidn to advertise for bids to be received July 1, 1970. Mr. Dwyer moved that the, City Clerk be adthorized to advertise for bids in accord with the schedule outlined by Mr. Shook, Mr. Sanders sew nded the motion; which carried U~anim6nsly. Prospect 5. Mr. Shook announced that the P~ospect Road Bridge Project was 28% complete. Road Contractors are currently working on a detour to~p~rmit completion of the Bridge culvert work. SDR-771 6. Mr. Shook referred to the Site'Approval file of Manfred Kahle on Allendale, Manfred SDR-771 and indicated that Mr. Kahl was required to construct improvements Kahle adjacent to Allendale in connection with the site approval. Mr. Shook indicated that it would be unwise to have Mr. Kahl complete the improve- ments on the existing vertical. Alignment of Allendale at this location but that it would be preferable to permit Mr.,Kahle to deposit with the city the cost of making the improvements and to authorize the City to utilize his deposit to construct his share of the improvements on the new vertical alignment at such time as the new vertical alignment is constructed by the city. Mr. ,Kahle had not yet decided whether to post a bond to guarantee payment of his share of the cost or to put up the cash deposit at this time. It was the consensus of the Council that this procedure was satisfactory and Mr. Shook was instructed to proceed ~ 8 - SARATOGA CITY COUNCIL MINUTES CONTINUED MAY 20, 1970 with'the arrangement of the details. General 7. Mr. Walker reported a study session ~ould be held by the Planning Commission Plan Monday, June 1 at 7:30 P.M. to discuss the 1970 revision of the General Plan. Revision He indicated that the first half hour of this study session would involve a presentation.of the progress on the .Housing Element of the General Plan by the County Planning Department.' E. CITY MANAGER Solicitorsl. Mr. Huff presented a report from Deputy Kenneth Bush concerning problems with solicitors. The Mayor referred this matter to the Public Welfare Cor~aittee and the staff for further report. Prospect 2. Mr. Huff reported that Robert Folenaorf, landscape architect had revised Road his figure on the cost of preparing! landscape plans for Prospect Road, Landscaping Phase I to $950.00. It was moved by Mr. Dwyer, seconded by Mr. Sanders that the City Manager be authorized t6 issue a purchase order to Mr. Folendorf for this work. Carried unanimously. VII. 'dOM~JNICATIONS WRITTEN Historical 1. Letters!~received from Willis Ii Peck, President, Saratoga Historical Foundation Foundation, T. McAlpine, Saratoga Chamber of Commerce and Harold L. Museum' Goldsmith, Director of Propert~ Sales and Acquisition for Elgin Capital Corporation discussing the possible establishment of a museum hy the Historical Foundation in a building owned by the Elgin Capital location, the use of a portion of this same building as an'office of the Chamber of Cormnerce and a re-location of this building to a location on the Fourth Street Park were referred to the Parks and Recreation Con~nission by Mayor Robbins for study andjreport. Garrod Request 2. Letter of May 11, 1970 from the League of Women Voters concerning the for Open Space Williamson Act was referred to the Planning Committee of the Council Designation for the Committee's use in studying the Garrod request for open space designation of the Garrod property in Saratoga. TOPICS 3. Letter of May 5, 1970 from State Department of Public Works informing Allocation the City of its TOPICS allocation for 1970-71 was noted by the City 1970-71 Council. Mayor Robbins.directed the staff to~inv~iga~e use of TOPICS fund for the Prospect-Miller p~ojedt and for other~'~p~i~ projects and advised the staff to comply with the time.limits for the70~71 and the 69-70 TOPICS funds as stated in the letter. 4. Mayor Robbins referred Mr. Cr0ft's letter of May 14~ 1970 to Stan Walker for report at the June3 meeting of the City Council. Flood & Mud 5. The League of California Cities letter about flood and mud slide Slide Insurance insurance was noted by the Council. It was suggested that Mr.. Sanders might want to review this letter and the comments on it provided by Steve Abbey, the City's insurance broker. Sarahills 6. A letter from T.P. Rndy, PreSident of the Homeowners Association of Improvements Sarahills, Unit II was reviewed by the Council. Mayor Robbins directed the staff to notify zMr. Rudy of the timetable for re- construction of the Sarahill~ improvements in accord with the report submitted by Mr. Shook on May 15~ 1970. Scotland Dr. 7~ Letter from Mr. Gideon Boyd pointing out a situation involving his & Braemar property on the T intersection of Braemar Drive and Scotland Drive Intersection was assessed by the Council along with the report on Mr. Boyd's letter submitted by Mr. Shook. The Mayor directed the staff to follow up on Mr. Boyd's request and to attempt to develop more effective means of advance warning to automobile traffic on Braemar to alert them to an approac~ to a T-intersection. - 9 - SARATOGA CITY COUNCILMINU~S CONTINUED MAY 20, 1970 8. The Council received Robert M. Lincoln's letter of May 11, 1970. Mr. Lincoln was in the audienc,e.and discussed the matter briefly with the Council. May~ Robbins referred Mr. Lincoln's letter and Mr. Shook's report of May 14, 1970 to the Public Welfare Committee for review and recommendation. SDR-767 9. Dr. Isaac Abrams letter of May 14, 1970f requesting ref~d~f~he Dr. Abrams storm drain fee posted in connection with the application for final site approval for SDR-767~Was~_j~o~_n~idered by the Council. Mr. Walker advised that final site approval had never been granted to this site. Mr. Smith moved, seconde~ by Mr. Sanders that the storm drain fee in the amount of $4,620.00 be refunded to Dr. Abrams; carried unanimously. B. ORAL Directions 1. Dr. J.J. Sithey asked the City to request the Division of Highways to to Saratoga provide better directions to Saratoga from the freeways circling the area. Mr. Shook was asked to ~nvestigate this matter. People 2. Mrs. J.J. Sithey spoke urging ~ttendance at the~ May 21 meeting of the Connnunications Prides Crossing Homeowners Association Board of Directors at Hansen West School which was scheduled to discuss the proposal of People Cormnunications West for a drop-in center on the Church of the Ascension property. ~__-~ 3. Mrs. Lois North, a resident of Prides Crossing Estates advised the Council that the private residence adjacent to her home, near the intersection of Scully and Eliza, was being use~ for commercial parties with attendance of 150 to 200 people. She said'that these parties were advertised on brochures printed and distributed widely in the area. The City Attorney advised that the District Attorney had filed four charges as of the date of this ~eeting. While the District Attorney can attack this matter of the criminal level, the City can attack on a zoning violation level, but the City Attorney advised awaiting the disposition of the District Attorney's charges to avoid weakening either the case of the District Attorney or the City by filing a civil suit on the zoning ~olation at this time. Mayor Robbins directed the staff to pursue a solution of this problem. VIII. ADJOURNMENT The Mayor announced that the Council would go into executive session to discuss attorney-client relationships and at 10:50 P.M. did adjournsthe meeting to Executive Session. At 11:20 P.M. the Council reconvened in open meeting and on motion of Mr. Sanders, seconded by Mr. Dwyer and carried unanimously adjourned. Respect~lly submitted JRH:r