HomeMy WebLinkAbout05-23-1972 City Council Minutes SARATOGA CIT~ COUNCIL MINUTES
TIME: Tuesday, May 23, 1972 - 7:30 P.M.
PLACE: qrisp Conference Room, City Hall, 13777 Fruitvale Ave., Saratoga, California
TYPE: . Regular Meeting of May 17 Adjourned to May 23
I. ORGANIZATION
A. ~OLL CALL
~resent: Councilmen Bridges, Diridon, Kraus, Dwyer and Smith
Absent: None
B. M;INUTES
NQ review.
II. SPECI~AL BUSINESS
A. CONSIDERATION OF COMPLAINT BY MR. EUGENE MILLER, 14260 ELVA AVE.
In attendance as interested parties were: Mr. Eugene Miller, 14260
E~va Avenue, Saratoga; Mrs. Charles Grace, 14270 Elva Avenue, Saratoga
aid Mr. Grace's son of the same address.
M~yor Smith requested a brief Staff Report, regarding the broken sewer
l~ne. Thom Ford, Administrative Assistant, indicated that two estimates
were received by local plumbers, with the cost ranging from $420 to $450.
M~. Ford further indicated that these estimates were somewhat higher
than what the City had anticipated, due to the fact that approximately
twelve feet of concrete walkway would have to be removed in order to
f~nd and repair the broken sewerage line.
G~eg Morris, Code Enforcement Officer for the City of Saratoga, indicated
that he had accompanied Health Department officials on an inspection of
the premises, at which time the Health Department found a violation of
City Code 12-3~A broken sewerag~ line and sewerage spilling over onto
the ~ad~ent~ ~roperty at 14260 Elva Avenue The Health Department also
· cated that this situation was 'a health hazard. Mr. Morris stated
that a Criminal Complaint was filed against Mr. Grace for the violation;
h~ further indicated that the purpose of the Criminal Complaint was' to
abate an unhealthy situation rather than to persecute an individual. He
continued by stating that when the problem is abated th~ Criminal.Com-
piaint would be dropped.
~. Grace indicated that he had read accounts of recent City Council
action in the local paper, and he wondered if he would be billed for
the work. Mayor Smith responded by saying that the property would
p~obably be liened for the expensel of the plumbing work. Mr. Grac~
e~pla~ned that due to the high tax assessment on th~ property and his
r~latively low income, he cannot afford to have the sewerage__problem
fixed. ~ Mayor Smith then asked Mr. Grace if he planned to have the /
~sewerage line fixed at some future time. Mr. Grace responded that '~o
~.h~ d_oe§n't and the City will I~aVe to lie~ th~ property to'have the
s~werage line f{xed." Mr. Grace then inquired that if a leak is not
found on the property and, therefore, not fixed, who shall pay for the
p~el~mxnaFy work? Mayor Smith responded that Ehe County Health Depart-
ment has made a determination that'the leak is located on the property
a~ 14270 Elva Avenue and that the City is acting on that determination.
~ .
Councxlman Bridges moved to proceed to make the necessarylplumbing
re ~airs at 14270 Elva and to lien the property for the expense; the
motion was seconded by Mr. Kraus. The motion was amended by Mayor Smith,
saying that the se.w~rage problem at 14270 Elva Avenue s'hould be de~
clared a "'public nuisance" and that the City should be authorized to
expend up to $500 tO have the situation abated. This was seconded by
Councilman Diridon. In favor of the above motion were: Councilmen
Bridges, Diridon, Kra+us and Smith.. Councilman Dwyer abstained.
Councilman Bridges moved for adjournment of the meeting; Councilman
Diridon seconded th~ motion'and it was carried. The meeting was
adjourned at 8:10 P.M.
Thom F,5~d'. ~. ~:,g :~, ·
Admi~i~t~'ative AsSistant ~.;