Loading...
HomeMy WebLinkAbout09-20-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: Wednesday, ~eptember 20, 1972, 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, California TYPE: Regular Meeting I ~ ORGAN IZ AT ION A. ROLL CALL Present: Cquncilmen Bridges, DiridSn, Dwyer, I(raus and Smith Absent: None ., B. MINUTES Minutes of the September 6 meeting approved; minutes of the Adjourned Regular Meeting of September 12 approved. II. BIDS AND CONTRACTS A. REALIGNMENT OF SARATOGA CREEK AT WItDWOOD PARK - 'Cont. from 9/6/72 The City Manager advised that the Parks and Recreation Commission had requested at the last regula~ meeting to review this matter in more detail and report at this meeting. The PaXks and Recreation Commission at its meeting on Monday, September 18, reviewed the history of the elements leading up to the decision that the council made last May regarding the realignment of the creek. It was ~commended by the Commission to delay the rechannelization of Saratoga Creek A recent conversation with Mr. Lloy'dC. Fowler, Director of Engineering, Santa Clara County Flood Control, revealed that it was only expected that some work would have to be done on 'the creek to make it more accessible to the heavy flows; however, it was not necessary to realign the creek to accomplish this. He had pointed out that even with the re-construction of the culvert erosiSn~would still take place and that alignment would facilitate the flow under the bridge; Mayor Smith interjected that there.are cerdain contractual~ obligations with the Village Parking Assessment District. Mrs. Kay Duffy commented that it had~_~b~hl~:f~ession that thi~ work had to be done for fioodlcont~o~ p~p~-~-~d~a%'~Fhe same time, they wanted the debris basin somewhere along' the creek. She indicated.that during this last week when the Parks Commission looked at the actual plans of what is being do~e, it was shocking to see the amount of area proposed for parking. Mrs. Duffy continuedithat it was her feeling that the problem is not so much the creek, but the ~mall culvert, and if we proceed with the realignment'of the creek without ~redoing the culvert, there is going to be a good deal of damage if there is a lot of rain because we have~'t solved the main problem, which is the culvert: Mayor Smith indicated that he had been.informed at City Council~e~'f{~g~'~ and public hearings that a new bridge had to be c~~d% ~a ~t'~h~key issue seems to be whether.or not the.realignment is necessary. Larry Tyler stated that he did notlund&rstand this present position of Mr. Fowlerrand that he ha~ a map of!September 1965 showing the adopted ' General Plan for the creek, and this creek line was adopted by Flood Control. · He continued that in 1967, the dlty phrchased the park, and then. Flood Control Came to the City and suggested the debris basin. The City then signed the agreement. Based 'on the agreemenf to put in the debris basin, the parking district was designed to go with it. Parks and Recreation thought at that time that it was using up too much land, and it was then decided to re-channel. The'original agreement was rescinded and a new agreement tO re-=' "~ ~ ~a~l'~a~) executed. Norm Matteoni of the Parks CommissiOn ihdidated that he felt it'was important that the Council get .backiwith Flood Control and find out what the requirements are. He continued.by stating thatFowler had informed them that it was the bridge work that was necessary,'and unless that is done before more heav~ rains, we are going to have erosion. Mr. Matteoni indicated~that as it stands now, inllooking at the map, we have given up part of the park~ land'bQ~moving t~e creek over to the parking district. Mayor Smith indicated that there are three issues at hand: 1) ~at are the requirements of Flood Control now? 2) ~e the new requirements being made to be in harmoney with the contractoral agreements? 3) ~at will the finished design look like? Councilman Bridges was in agreement with Norm Matteoni that we are going to have to get some kind of action from Flood Control, and that it is a real concern of the Council that we not do any more damage than is necessary. ~. Beyer advised that ~., Fowler did point out that unless th~ retaining wall was constructed at the same time or close to the time of the culvert, we would lose the whole thing. He further pointed out that the realignment is an entirely different package. ~. Tyler indicated that when the City asked his organization to rescind the agreement for the lake, he directed a letter back to the City that he would sign the agreement if the City would give him a time; however, on good faith, the agreement was executed without setting a time. 'Mayor Smith moved that the matter b~ continued at an ~journed Regu~'ar Meeting on Tuesday~ September 26; Councilman D~er seconded the motion and it was carried. III. PETITIONS, ORDIN~CES & F0~ RESOLdIONS A. RESOLdION NO. 634 - Resolution of the City Council of t~ City of Saratoga Acknowledging the Co~unity Service of Rene Jones Councilman D~er suggested a slight modificationin wording in the first paragraph. Councilman Diridon moved that Resolution No. 634 be adopte~ as modified; Counci~man Bridges seconded the motion and it was carried. B. RES~ION NO. 635 - Resolution AuthoriZing Transfer of Funds Between and/or ~ong Accounts for the Youth Center It was moved by Co~cilman Bridgeslthat Resolution No. 635 be adopted; the motion was seconded by ~. Diridon and carried. C. RESOLdION NO. 636 - Resolution App~oving Form Of Resolution of Intention and Boundary Map, and Granting Consent of the City Council of the City of Saratoga toCounty Sanitation DiStrict No. 4 of Santa Clara County to Undertake Proceedings to Construct a Sanitary Sewerage ~oject and to Provide that the Cost Shall Be ~ss~ssed on the District Benefited Under Appropriate Special ~sessment and ~sessment~ Bond ~oceedings It was moved by Councilman D~er that C~u~i~ '~lring be set for October 4 ~or consideration of the 'above'F~s~tion; Councilman ~aus seconded the motion and it was carried. D. REQUEST FROM SARATOGA CHAMBER OF COMMERCE AND VILLAGE MERCHANTS ASSOCIATION FOR TRAFFIC CONTROL AT FOURTH STREET & BIG BANIN WAY DURING CHRISTMAS SEASON It was moved by Councilman Bridges 'that the City expend the amount of $650~ to provide for a deputy sheriff to control traffic'at Big Basin Way and Fourth Street during Christmas Season, withI the understanding that the Chamber of Con~nerce and Village Merchants Association would match this amount. The motion was seconded by Councilman Diridon and carried. · E. REQUEST FROM HOWARD B. BENNION FOR EXTENSION OF COMPLETION DATE ON SDR-787 Councilman Dwyer ~oved that the toUncil grant the extension for one year;I seconded by Councilman Kraus and c~rried. F. RESOLUTION N0. 637 - Resolution of .the Council of the City of Saratoga Supporting the Aavisory Measure for an Indoor Sports and Entertainment Arena in the November 7,.1972 General Election It was moved by Councilman Diridon that Resolution No. 637 be adopted; the motion was seconded by Councilman Dwyer and carried. IV. SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS A. SDR-907 DONALD COMER, FIERCE ROAN -'1 LOT It was moved by Councilman Kraus a~d seconded by Councilman Dwyer that · Resolution No. SDR-907=2, Granting Final Building Site Approval, be adopted. The motion was carried. B. 'SDR-916 TERRY'DALLAS, }iT. EDEN ROAD - 1 LOT It was moved by Councilman Diridon ~nd secondedl by Councilman Bridges that Resolution No. SDR-916-1, Granting Final Building Site Approval, be adopted; the motion wa~ carried. C. TRACT 5256 SARATOGA FOOTHILLS DEVELOPMENT CORP., SEVILLA LANE - 6 LOTS It was moved by Councilman Diridon and seconded by Councilman Dwyer that Resolution No. SD-974-1, Approving Final Map, be adopted; the motion was carried. V. PUBLIC HEARINGS A. DR. JULIAN HENRY, QUITO ROAD - Cont. from 9/6/72 The City Manager explained that this is~a request for change of zoning for the purposeof establishing a veterinary clinic on the property. He also pointed out that the'proposed freeway would someday take up most of this land. At 8:30 P.M., the Mayor declared the public hearing open on this matter. Dr. Henry, 18998 Allendale Avenue, hommented that he does Dot understand the question on "consistency". He further commented that-his total invest- ment in the ~ubject~property would not exceed $50,000. Councilman Diridon moved that,since' the investment to be made and the cost of operating are relatively small, we uphold the Flanning CommissionTL~ decision to approve the change of zoning. Councilman Bridges indicated that there are several things that concern him about this application: 1) What we are trying to do here is to rezone a piece of property C-N (Neighborhopd-Commercial), which presently doesn't include a veterinary hospitals.and therefore, we are opening that piece of property up for development and other commercial %nterests; 2) Mr. B~i~ges ,indicated his concern about the addition of "pet clinic" in the Neighbor- hood-Commercial zone, and that this)i~lies a zone that is contiguous to the neighborhood. It was his feeling that this change should only be.done through a Use Permit, ~ ,. Councilman Kraus ihdicated that it ~s his feeling that the "clinic" Would. be a good use'for this property. Mayor Smith commented that he feels!if we are going to apply the rule of "consistency" to AVCO, for instancei that the rule muse arso be 'applied to this situation. Councilman Dwyer indicated that he is opposed to developing new homes in a new tract; however,~i?~_th~'i~'~7~isting owner with a good use for the community~-one that wo~rd"iI~E~f~'5~old to the State. Regarding the possibility of opening up the area eo other commercial development, Mr. Dwyer was of the openion that th'is is something the City would have to come to "grips" with as the situation comes up. ,It was approved to close the public hearing. Councilman Dwyer seconded th~ motion to uphold the Planning Commissi0n's decision tp~pp~o~v,e the change of z~ni_ng~:~'7~_o~d~i~Tf~l~n~.~,K~pS~ qD~i~n__d~if, Tiidl~i~N~_sq~'~Cj~l~'~a,~ ~. B~ge s ~ May o~S_~mf~b~"Th~t ion B. NORTHWEST SARATOGA PARK MAINTENANCE. DISTRICT - Cont. from 9/6/72 The City Manager advised that~the staff had been directed to work with Attorney Theodore Kobey regarding the re-wording in the Resolution of Intention to narrow down the area p~rtai~in~?to~the scope of work involved. He' explained that revised copies of{ the resolution were made available to the president of the Northwest Saratoga Homeowner's Association and to various homeowners throughout the subject area. The public hearing was opened at 8:~5 P.M. Mrs. Loretta Edinger, 12088 Natoma Court, stated that groups of homeowners in her area have been meeting together in an attempt to maintain the area involved and to figure out out to p.ay the light bill for this same are~. She reported that out 0f~187 homes contacted, they were able to Obtain 175 signatures in favor of such a "district". Mrs. Pat Johnson, 12100 Natoma Cour.t, commented that the opposition presented at the September 6th meeting was made to '~scare" the residents. She further commented that the individual do.wanted to maintain his own corner should be informed that the .City does not provide lights. She advised that if by next year the five-year payment is not made the PG&E lighting will be discontinued. Mrs'. Johnson stated that she was hopeful that some residents would not ~wayi~tbeCCity Councir's feelings against a park maintenance district that is needed. Mr. David Shaw, 120~8 Carol Lane, indicated that some of the items in the resolution were not very clearly explained-to h+im~and his neighbors. He was of the feeling that consideration should be given for establishment of a maintenance district. 'Mr. Stewart Fitzpatrick 'of Kirkmon~ Drive commented that it would be his 'opinion that a park maintenance district would be beneficial, especially since it would involve a'lot of frontage on Prospect Road. The Mayor/declaredthat the public hearing on this matterbe closed. Mayor Smith was of the opinion tha~ the park maintenance district is a versatile vehicle, in that.the City can refrain frOm, asking for tax because the homeowners themselves are. going the work.' If, however, the residents do not accomplish dhe work, then the tax would become effective. It was moved by Councilman Dwyer that Resolution 632~ Ordering Formation of a Park Maintenance DiStrict, be'adopted; Coudcilman Bridges seconded the motion and it was carried. -4 - C. DARIEN WAY - PROPOSED ABANDONMENT - Cont. from 9/6/72 The Mayor explained that the Council d~es have th~ option of not. acting at all on this matter. A~o~her option is that the street could be closed as a public Fight~of-way and be dsedrfor pedestri~h and bicycle traffic only. " .. The City Manager advised that in light of the conversation held at the last City Council M~eting, a preliminary drawing was prepared, outlining how this street could be turned into a ~alkway. There would be a barricade at Cox Avenue which would overlap with:another barricade to prevent bicyclists from riding out.into the street, and there would be a curb-and gutter going along the walkway to indicate to'motOrists that it is no longer a street; On the opposite end of the street there would be a "knock-down" barricade for use by emergency vehicles. At 9:00 P.M., the Mayor declared'the public hearing be!opened. Mr. Charle~ Huff, PreSident, Prides C~ossing Homeowners Associatiop, indicated that if the City removed part of the pavement and provided some landscaping plans', he would provideL volunteers for undertaking this project. Norm Matteoni of the Parks Commission.commented that he had been attracted to the idea of a rolled curb and that it was his hope that something more could be done with the barricades.' It was approved that the public hearing be closed. Mayor Smith advised that he Would strongly urge that the Council approve the closing of the street as a publ.ic right-of-way, rather than to abandon, and to authorize use for pedestrian and bicycle traffic. Councilman D'iridon seconded the motion and it was carried. D. 1972 GENERAL PLAN REVIEW The City Manager indicated that th~ Planning Commission's recommendations have been forwarded to the Council, and this is the time for public hearing oneach of these items~ Pubiic hearing was opened at 9:05 ~.M. ~ ~-C'ty-Manager repDrfed .that under the heading Land Use, no changes have be~n~n~'~g~[h~'pr~nt general locations shown as single-family residential. It has been recommended that the average dwelling units per gross acre be reeompdted for the 1~73 General Plan. It has been recommended that a new duplex sub-designation be established, with an average of 6 dwelling units per acre. Mr. Walker, Director of 'Planning, explained.that this new duplex recommen- dation-has come about because there is a need for this type o£ land use, particularly in the~area of Azute Crossing, and in order to do this would require a new duplex type of zoding. Mr. Jerry Lohr, Saratoga Foothills:Dev~M~e~lop~n_ent Corporation, indicated that desires because ~y h~vv~ not'~a%[~~n more'unit~ ~H~~ that he would like tO see "R-M-3,0D0" phased out Mayor Smith inquired if the project on Sixth and Big Basin Way which~has been proposed with the front portion for commercial use and the rear portion ~oned ~"R~M~3~000.U~ Mr. Walker replied that the Planning Commission had had a conflict in this particular metter, and .the Planning staff had recommended that the property be changed to all ~'mult~ple" and that the zoning be changed. The reason for this recommendation isthat itswould give greater transition in the area up to Sixth Street. for that area either existing or to come at Some future. date. Also, the traffic would be ~ne-half commercial and one-half resi- dential. Mr. Walker indicated that the Planning Commission felt that the matter shouldbe referred to-the 1973 Geheral Plan~Reviewo Mr. Lohr stated that, in the ~eantime, they would like to go ahead with the "R-M-3,000" zonipg. for a project this year so they would not have to be delayed two years. Mr. Lohr is'Ilo6~ing at some of the aspects in developing retirement housing on an added parcel Of land on the Odd Fellows property. Professional Offices - Mr. W. Watley indicated that his request is pe~- raining to property on the northeabt'corner of Saratoga Avenue and Saratoga-Sunnyvale Road~ It is his desire that this property be rezoned "Commercial". Mr. Walker advised that he did make this presentation to the Planning Commission, and it was the Planning Commission's recommendation that no change of zoning be made for this property. The City Manage~ advised that there had been a communication from Mrs. Faith Appleby, who owns property on Saratoga Avenue between P~rk Place and the POst Office, indicating that she is opposed to the Professional a~d A~ministrative Office land use: designation put on her property by the Planning Commission during its review for the 19~2 General Plan !Review. Commercial - The City Manager indicated that in reviewing the current uses of the areas mentioned in the General Plan Committee's report of August 14, 1972, it was recommended that thisl area be given a designation of Local Commercial land use, with the provision that any change Of zoning be on a conditional reclassification basis,only. Councilman Kraus was;of the opinion that if the rezoning to Local Commercial is approved for one side of the stFeet and not for the other side it could cause "hang-ups". Mayor Smith was in agreement with Mr. Kraus and indicated that we Have. found problems with two applicants on this particular'piece of property' very similar in proximity. He further advised that this area has not taken on the characteristics that the Planning Commissioners would like it to take on. He felt that if it was approved to change this parcel, that it should also be changed on the other side. Mr. Walker advised that the Planning staff had never made a recommendation on this particular item, and he agreed that this area is of such importance in the 1972 General Plan Review. The Planning Commission was more favorable toward developing this piece of property into Local Commercial zoning, and they were inclined to favor going ahead with this side of the highway. - d iI d Local Commercial Mr. Walker a v se that the recommendation in the Planning Committee's report is that the restriction be continued for 12,000 square feet. Mr. Diridon felt that the whole process seems to suggest that there is something unique about this proper~y that is not about the property across the street. - 6 - .Mr. George Hamilton, President, Miljevich Enterprises, Inc. stated that at one point they had· submitted a r~quest for variance, and when he heard that this was going to be considered in the General Plan, he.decided he did not want to waste the time to appeal the variance. Mr. Hamilton then presented a peeition signed by 180 homeowners in the City of Saratoga in favor of the proposed shopping center development for the ten.acres of land on Saratoga-Sunnyvale Road between Hanson's Garage and Blue Hill Shopping Center. He further stated that he hasn't heard any objections to the shopping center from any property owner. Mayor Smith explained that the issue isn't'really whether or not the development would be good, but the main element is whether or not the zoning could be changed her~ and not acEoss the street. 400 feet deep. 'He then passed oht ~pecificationS.and explained that there would be a three-acre parkway and the lighting is of the low-light series, a modern trash removal system causing little disturbance to the homeowners. Mr. Hamilton explained that the development would be within 50 - 100 feet of residential housing. Councilman Dwyer commented that it has occurmd to him that this properCy is ~ore accessible to people north of Prospect coming from San Jose than to Saratoga. Mr. Hamilton explained that they would have to drop back 80 feet, and therefore, there would be divided highway which would provide access for left and right-hand turns, whereas, if the land was to be developed into small parcels, this could not be done. He indicated that he has seen many cases where zoning on one side of the street has varied from that of the other side, and that he has talked to many experts, and none of these people could see the logic in setting the same kind of zoning on both sides. Mayor Smith pointed out. that theseLtwo pieces of land are very close, and that the differences are not that great. <~'~'[~[iY~j that we should determine the use and then later get'~[~5~' specffications. Industrial and A~riculture - No changes. The City Manager advised that a letter has been received from May and U~.~l~. McElhinney, A.I.A., Architects, requesting that the City CouncilZ9 consider the property belonging tO.the Independent Order of Odd Fellows at San Marcus and Fruitvale Avenues in Saratoga for retirement housing, and that it be included as a sixth.parcel of the Saratoga Retirement Housing Study. Mr. Paul No~md~, representing Mr. K&enland of the Independent Order of Odd Fellows advised that Mr. Keenland has retained his services to dome up with a preliminary scheme for retirement housing, and he has come up with a proposal for approximately 240 units on 60 acres of land,~which is considered as low density. This housing would be<~r~d=i%%~Zf~F~e'ople 55 years of age and older, and there would be areas r.e~er~d tional facilities. Mr. N6wac~.:advised that the Iadependent Order of Odd Fellows had the funding available,~and the board of directors will be meeting next month, and he would like ~he plan to be considered in the General Plan Review. Mr. Diridon asked if~Mri(No~a~ was'talking about condominiums or apart- ments. (H~fn~i~at~i~%'[~ement studies refer to low-cost apartment~6~k~7~d~&~l~a that he is not opposed to apartments, but he was discussing condominiums. Mr. Walker advised that this could'be used for either apartments or con- dominiums, and that they would be flexible in that they would provide for either type of tenancy. - 7 - Councilman Bridges asked what would be included in the recreational facilities. Mr..o~Nowac~ replied thatzpossibly a short golf course~or a swimming pool would be included; however, they are in the very preliminary stages now. Councilman Kraus asked what portjunior the 60 acres would this housing represent. Mr. Nowak replied that it Would represent'about ~-half the territory. A resident commented that his impression of retirement housing is that it should be moderately ~l!ow income for those residents of the City of Saratoga who do not want to maintain their homes, and he was of.the opinion that the demand is not for hundreds oflunitS, butpo§si~ly for 25 units per year. Mayor Smith commented that based~ohl~th~?StudyC~it~is~his impression that the City only needs 125 units and all of these are not needed at once. Further, it seems that the dema~ is for medium-priced units. Councilman Kraus felt that if we pu[ in large square units it would increase the density of the City. It was moved;by Councilman Diridon'that the public hearing be continued to the nex~ regular meeting; motion was secohded by Councilman Kraus and carried. . I · E. PROPOSED NOISE ORDINANCE The City Manager'indicated that'the concept of the Ordinance has been discussed to some degree, and a number of groups have received copies of the Ordinance. He indicated th~F~e_~F6-~'d~l"~.rH~ti~i~e "D?yti~ElC~fon~'-'~'~Thi~i~'~ooi'~ow the section dealing with "Commercial and Indu~tri&t Property Nois'e Limits", Section 8-83. The public hearing was declared opened. Dr. Carol Jackl~n,~epresen~ng Sa~a_toga, ~o~ the~B~a~rd~D~i the American Civil Libellies Union ~ea~ i'~e~e['tha[ had bee~dI~Cted to the Council, which stated that the proposed noise ordinance is in violation of the United States a~d Calif6rniaConstitutions. The specific complaints pertained to the.requirement to obtain a'regist~atioR permit and the filing of same 30 days prior tothe date on which the sound amplifying'equipment W~uld be used; the filing of.a $50.~0 fee, as this favors wealthy, affluent groups ove~ the less wealthy members .of society; and the section pertaining to issuance of an Exception Permit, ~as it appears to violate the fourteenth amendment of the United States Constitution Mr. Roger Lueck, rep'resenting the Good Government Group in Saratoga, voiced his opinion.that the maintenance of man~made noise,at'a low level is important in a residential community-such as Saratoga and that he is fully in support of a workable noise ordinance. He pointed out, however, that what may seem like music to one person may create distraction to. another pair of ears. He indicated ~that he would like to commend the .Council for proceeding somewhat caut~iously on this matter. Mr. Lueck commented that th~reb~eems to be a problem in measuring of decibels, and it was his feeling that any workable noise control ordinance must lean very heavily on the "reasonable man". approach, not only on its interpre- tation, but on its enforcement. He 'pointed out, however, that Section 8-82, "Residential Property Noise Limits"implies that citizens using motor-driven tools would find themselves in violation with the law, and in some cases, citizens will be using the same equipment that would be considered as "excessive" of the ambient noise level. He felt that the "reasonable man" approach must be applied not only by enforcement, but by the citizens themselves. He mentioned that one approach tothis would ~e to equip the tools with silencers. Mr. Lueck pointed out that before ~he Council adopts a Noise Ordinance that can be fully implemented, the citizens must understand that there will be a period of time in which ambient levels can be determined. -¸8 - 7 Margaret Ernat, 12810 Saratoga Glen Court stated that she would like to commend the Council for doing something about the problem. She indicated that the problem'in her neighborhood is that there is a high density of teenagers who have stereo Sets, ahd she has experienced problems with loud music, which sometimes begins at 11:00 P.M. and goes into the morning hours. She indicated that she had called the parents of these teenagers on some occasion~ with no results being obtained. Mrs. Bradford Wyman, 19981Karn Circle, statedtthatL.some of the comments made by the representative for the American Civil Liberties Union were incorrect as far as the present law being sufficient to control distrubances of the peace. She asked what is being done about a swimming pool company that drops steel girders at 5:00 AiM. She also mentioned the disturbance caused by the "coffee truck" at 11:30 A.M. each day and felt that it didnit have to make the noise that it does. Mr. Mullen of P.G.&E. stated that he would like to c.omment regarding the proposed noise ordinance. He mentioned that P.G.&E. would have some reservations about the ordinance i~ that there are someiq"bugs'' that would have to be worked out, and they would like to offer some assistance in helping the City to understand this. He indicated that they have run tests on the pav~aent breakers, and there.wasn't one that would meet the City's requirements for ambient levels,' a~d when mufflers a=e~ppt~on, the quality Of the work is decreased by 50%. Councilman Diridon moved that thisimatter be continued at the Committee of the Whole Meeting on September~26;~Councilman Bridges seconded the motion and it was carried. MAYOR 1. The Mayor announced that he would like to call a brief Executive Session after the meeting, conderning "personnel". This time was changed to Tuesday, September 26, to follow the Committee of the Whole Meeting. B. , ANCE · 1. Payment' of Claims - C9~ncil~an'Bridges moved that the list of disbursements be approved and the Mayor be authorized to sign the warrants; Councilman Diridgn seconded the motion and it Was carried. 2. City Clerk's Financial Report - Approved. 3. Treasurer's Report - Appro~ed.' C. COUNCIL COMMITTEES AND COMMISSION REPORTS 1. Parks and Recreation - Demonstration Bicycle Route System It was moved by MaXor Smith and seconded by Councilman DiridonI~f6,~ Ca~FSv~ ' ind ap'Rroved,'wi'th~the'int~n~ibn,6£,a'syst~m~b~ing..implemented by D. DEPARTMENT HEADS AND OFFICERS 1. Robert Shook, Public Works - R~ported approval for issuance of encroachment permit to P.G.&E. for installation of utilities on Saratoga Avenue. 2. Robert Shook, Public Works - Reported that prices for aerial photo- graphy are apprSpriate and recommended that the Council authorize moving forward. Councilman Dwyer moved that the staff b~ authorized to hire the firm of PuSh. Nolte and Associates to conduct aerial survey to include the Bohlman Road and Monte Bello Areas and the western portion of the City, for an amount not to exceed $14,1~0~Councilman Kraus seconded [he motion, and it was carried. E. CITY MANAGER ,. 1. Reported that Fir. John Gorman has applied for a business license for his lb'Ffd~I'~RF~ography business, in the administrative offices on Cox and Saratoga Avenues. The business license was issued with the condition that the office contains no photography equipment. 2. Reported that he had received a letter from .B.J. Rawak, Saratoga Representative for Santa Clara County Flood Control Advisory Committee, regarding~the Baylands Salt Water Flood?Control Planning Study. Councilman Diridon moved that the City support the implementation of the Inboard Levy Plan; Councilm~n Bridges seconded the motion, arid it was carried. 3. Re: Installation of Traffic Signals At the Intersection of Route 9 with Fruitvale Avenue and Glen Una Driy~_41. It was moved .by~Coun_~cl!~an DWy_e~hat the City~b_~dg~t $23,000~9=ZZ~.z_74~_j' a~n_'~dler ~Dto~ a coo~ra~ t~i~e agr~e~h-'~Sta~/~'~o~eed,with thi~I~rojecFf'seconded-by' Requested that a public hearing be set for OctOber 18 for consideration of a C.A.T.V. franchise - Councilman Diridon moved that the public hearing be set for this.date; Councilman Bridges seconded the motion and it was carried. 5. Requested that a public hearing be set for October 4 to consider declaring the Santacroce property on Sobey Road a public nuisance This public hearing date was approved. 6. Repor~eddthat M~..Wi~f~rd L9~C6 has presented his plans for rennovation of his property at 14631 Big Ba, sin Nay-to the City for review. VII. COMMUNICATIONS A. WRITTEN 1. Letter from LSs Gaeos Joint U~ion High School Dis~'rict, Mrs. Maxine A. McGinnis, requesting that the City consider joining with the Recreation Department to finance lighting!for four tennis courts at Saratoga High School. City,Manager will review and evaluate this matter. .2.0 Letter from Mr. Dell Hathaway, complaining about the Speed control on Saratoga AvenUe and indicating that the ~peed should be lowered. Noted and filed. 3. Letter from Mrs. Avalon B. Mas~er, commending the City Council's action in declaring September 7, 1972, as a Day of Mourning for the tragedy at the 20th Ol~mpiad., Noted a~d filed. - 10 - B. I ORAL 1. Mr..Robert K. Yeaton, Executive. Director, Los Cumbres Conservation Corporation, requesting that the City Council support his proposal to develop 2,200 acres of land within Saratoga's zone of influence for non-commercial use. Council to study this in more detail during. the next several months. VIII. ADJOURNMENT The meeting was adjourned at 12:30 A.M.'~ to an Adjourned Mee.ting on Tuesday, S.eptember 26. RO '- ll