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HomeMy WebLinkAbout10-18-1972 City Council Minutes SARATOGA CITY COUNCIL MINUTES TIME: Wednesday, October 18, 1972 - 7:j0 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale.Ave., Saratoga, California TYPE: Regular Meeting I. ORGANIZATION ~ '. A. ROLL CALL Present: Councilmen Dwyer, Diridon and Smith Absent: Councilmen Kraus and Bridges B. MINUTES Councilman Diridon moved that the minutes of October 4and October 10, 1972 be approved;.Couneilman Dwyer seconded the motion and it was carried. II. BIDS AND CONTRACTS '.. A. LANDSCAPE MAINTENANCE CONTRACT After considerable discussion, it was found that, in fact, Don Shooter h~d'. the low bid because of a 2% discount offered if awarded three(3) or more' divisions of the bid. It.was moved by Councilman Diridon and seconded by Councilman Dwyer that .Don Shodter be' awarded the contract for $20,376, less 2%. The motion.was ca~ri~ . B. ADDITION TO BANKMILL ROAD SLOPE STABILIZATION CONTRACT It was moved by Councilman pw-yer and seconded by C6uncilman Diridon that · install two ~dditi~'~a~-i'~]ect, f0~'~he additional cost of $505 per pier. The motion was carried. III.PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. SANTACROCE PROPERTY, 14341 SOBEY ROAD Councilman Diridon moved that Mr. Santacroce be allowed thirty days to reach an agreement, either with his neighbors or singly, to make arrangements to connect with the existing sewer, and Lif at the end of this ~eriod no_~action arran e to conn ~d~"~'t'~p~ope~yV~r t~ccgs~..~Co~nci~ma~Dwy~r'~econde~i~h~Tmo~i~q, ~nd it was carried.-~ ~ ........ ~'~" .... ~' IV. SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS A. SD-978 NOORUDIN BILLAWALA, MONTALVO ROAD & HILL AVE., 1 LOT ~ Cont. 10/4/72 It was moved .by Councilman Dwyer and seconded by Councilman Diridon that the request to waive the requirement for'out-of-tract storm drain line construction be denied. The motion was carried. B. SDR-732-5 - Resolution Abandoning Pathway Easement It was moved by Councilman DiridOn and seconded by Councilman Dwyer that Resolution No. SDR-732-5 be adopted. The motion was carried. V. PUBLIC HEARINGS A. WESTBROOK ANNEXATION - RESOLUTION NO. 640 - Resolution Finding No Majority Protest and dalling and Giving Notice of a Special Election to be Held in Certain Inhabited Territory Designated as "Westbrook 1972o2" and at Which Election the Proposition of Annexing Said Territory to the City of Saratoga will be Submitted to the Electors Residing within Said Territory The City Manager explained that the purpose of the publi9 hearing tonight was to determine whether or not there are any protests to the proposed annexationD~H_~~no protests, the public he~ring could be closed and' the sp~l~ct'f~n courd be set. The Mayor declared the public hearing open at 8:15 P.M. ~here were no comments. It was moved by Councilman Dwyer and seconded by Councilman Diridon that the public hearing be closed; the moti. on was carried. It was moved by Councilman Diridon ahd seconded by Councilman Dwyer that Resolution No. 640 be adopted and a ~pecial election be held on December 12, 1972; the motion was carried. B. C.A.T.V. FRANCHISE The City ~anager introduced this topkc by indicating that there were three firms currently under consideration who would be represented this evening. The Mayor suggested that each applicant be given ewenty minutes for his presentation and that theybe taken in alphabetical order. This was . acceptable to tbe_~Council. Mayor Smith then declared the public hearing /offf~i~If~ at~0~P~ ~ - Mr. Robert J. Williams lrepresenting Communications Systems Corp. expressed hi~ opinion as to what he felt the factors should be in' ConSidering a C.A.T.V. franchise and what the people are looking for. He felt that service and reliability are key factors. Mr. Williams indicated thatif the Counci.1 were to compare the rate structures 9f the competing-applicants, they would find that they are complex in their comparison and they could be delved into very deeply and still not be sure of the best selection in a mathematical sense. He indicated that the Council would be speaking for the people when making this decision, and when they do make the decision, it would really be one of how reliable they .think these.people are who would be performing this service to the community, and what the liklihood is that they. would do the job they say they would. Mr. Willjams advised that Mr. Nishimura, President of Communications Systems Corporation, has been involved in some facet of the industry since 1958, including management,,construction and engineering. He has operated a system in Savannah, Georgia, where he experienced some of engineering aspects. Mr. Williams further pointed out that this company presently operates a franchise in Huntington, New York, w~ich is presently under construction. He.explained that Mr.~Ch~Y~% has served as operating manager of.seven cable television systems, and prior to that he spent a few years with General Electronics. - 2 - Fir. Nishimura explained that CommUnications S~ste~s Corporation is an old company, formed in 1961. He indicated that his involvement with Cable T.V. goes back to 1948, whe~ he first worked' as a field engineer and then left · to become a divisional engineer of telev·ision. In 1961, he established the first C.A.T.V. system in!Georgia~ and this was one o£ .the larger systems ~ at that time. In 1969, the franchise was awarded to themin Huntington~ · New York, and today they are thirty percent completed with the system, and dompletion is anticipated within the~next thirty months. Councilman Diridon inquired what this thirty percent figure repre'sented. Mr. Nishimura replied that it represents approximately oneshundred t~enty~ eight (128) miles of completed cable, with penetration being at the present time to thirty six hundred (3,600) h6mes, and they eventually plan to serve approximately nine ·thousand (9,000) homes.' · Mr. Nishimura advised that he experienced a growth in HUntington such as Saratoga and that the two cities are~similar in their needs. He further indicated that Huntington now enjoys~eight "crystal-clear" stations. He was of the feeling that aS a former operator he could provide more of the needs for the residents of Saratoga~ and that he has met with members of the educational connnunity~ members o~ the CiTy CouBcil and the City Manager, for the purpose of trying to understand the television requirements that they might become a part of. Mr. Nishimura indicated that they have capa- cities that could be used for educational televiSion, programs for the interest of various clubS, such as Good Government Group, etc. Mr~ Nishimura added that he is very .much involved in' Saratoga because of family ties here, and he ~as come to Saratoga on many 6ccasions and 'is very anxious to provide this service to the community. He explained that the new rule of the Federal CommuniCations Commission requires a certificate of compliance, and the mechanics'of~construction should not take more than ten~to'.twelve months, and that he does not foresee any major obstacles. Mayor Smith asked Mr. Nishimura if they have contacted any construction companies in Saratoga. Mr. Nishimu~a replied that the~ are in the con- struction business, and there would be no problem in bringing their own construction firm to.the area. He indicated that they don't ~rect towers, but they have designed head-end stations and studios. Mayor Smith asked Mr. Nishimura if the $6.00 to $7.00 rate as submitted to the City Manager would st{ll be applicable. Mr. Nishimhra replied that these rates would still be applicable. He continued by stating that it should be khown that there is an insertion insome of the proposals about the installation charge, and this charge is free, providing that the owner-digs the ditches during the construction period~ andZhe feels that this is a very significant point. Mr. a~'~Dindicated that transportation presents no problem with them as it is [~ir desire to 'see a high-quality system developed. stated tha~ the office and origination studio would be in a reasonab{~ accessable area of ap~roxima6el~ se~en thousand to ten thousand feet. He estimated three tofour people in the office besides the management staff, engineering staff and maintenance peopre. Mayor Smith inquired if they still. have the Savannah franchise; Mr.~ replied that they do not. Mr. Daniel Hoffman stated that he ~s a resident of Saratoga here to represent Telecommunications, Inc.~ and he would like to present Mr. Spence Wood, local representative who lives in San.Ma[eo. Mr. Spence Wood indicated that he would like to start by recapping a few of the events which have taken place within the last forty-five days which have affected their position for a franchise. He stated that on September 1, 1972, this company purchased five systems. The parent company then merged, and it was at this time that they acquired an additional forty-five systems, several of which are located in San Marco County. ' Mayor Smith inquired if~ij~~u~ca!i~~h~/o once had a cable franchise in Saratoga. Mr. Wood fndicated that itlwas. _Mr. Harvey Ingham, 14010 June Way, i~dicated that he has a special interest~'~"~ in the kind of C.A.T.V. system this city has, as he is a resident of Sarato~. Mr. Ingham stated that he has been in the cable busi~ness since 1965, when he was Vice President and General Manager for ~~ectric~ ~d~i~g~ that time, they developed the first dual §ystem ev~r'~~'t.~n'g~Lt~e ~sst . fifteen months, he has been Vice President and General Manager for San Jose Cable T.V., and he feels that he has~a special knowledge for the type of problems involved for the area and this community. He pointed out that Tel~commuuications, Inc.-presently has over three hundred thousand (300,000) subscribers,'and in addition to the cable operations, T.C.I. has a microwave system, and he stated that this is a~ integral part of cable T.V. Mr. Ingham indicated that T.C.I. is interested in Saratoga mainly because they believe Saratoga needs cable T.V., and SaratOga is the kind of prestige community that they'would like to~become involved in. He pointed,out that cable T.V. w0uldprovide bettersreCeption, more~han~els and'programs for people with better occupations and with families, who ar~ a credit of the ~ommunity. Mr. Inghamfelt tha't the performance standards worked out by Mr. Ziegle and the members of the citizens committee are tough, but t~at his company wel- comes this, and he stated that they a~e the kind 0f~Company that is going to meet these standards. He'further fstated that they intend to build the best system that can be built, that i!s, a duel system with amplifiers, and he explained that essentially what a Huel channel system is is a two twelVe- channel system. He indicated that their rates would be $5.50, and they would offer free installation at the point of construction, and when construction was completed, the thirteenth and fourteenth month is not cha~ged. Mr. Wood ·explained that their p~oposal would provide for an additional fee ($1.00) if the converter was used~ He stated that although their rates are low, they would still provide for the+maximum allowed three percent (3%) to the City. Mr. Wood indicated that he would see no problem with the one-year require- ment for construction. He further indicated that. they would have a local office that would.be available. fro them after November 7. He pointed out that they do have good back-up people ,who would be immediately available to service the system, and these people ~re just minutes away if'there should ~ · be some technical problem. He indicated that they intended to have a local originati~n studio located in Saratoga. Mro Wood indicated that T.C.I. has plans to take advantage of special events in Saratoga and that they would have a full origination schedule for the residents in Saratoga. He further'stated that they are planning to inter- connect this system with other systems in the Bay ~rea and that they are - spending the money right now to get these feasibility studies under way. Mr. Wood advised that they are also going to explore the possibility of forming a back-up system without using%cables. Councilman Diridon commented that'he though~ there had been some apprehensionQ about the capability'to bring ina duel system without cables. M~. Wood stated that this was discussed with the C.A.T.V. citizens committee. - 4 - Mr. Ingham stated that their origination facilities would be approximately . two thousand (2,000) feet in size and that they would have approximately eight to ten employees, in addition to back-up help. Mr. Frank Webb, representing TeleprOmpter CorpoKation, stated that this is ~ a 'finalfly stable company. He ~d that.they have an.extensl~e engineering' \, sta=f~with proven performance, and they presently have one ~'u~d~'thirt~ five ~ cable systems operating,.with approximately seven hundred thousand subscribers, ., with local systems being in Los Gatos, Santa Cruz and Santa Clara \ Mayor Smith inquired ~s to the t~me element involved between. the time a franchise is awarded and the F.C.C. certification is granted. Mr. Webb replied that he was unfamilia~ wiFh this requirement. The City Manager indicated that this Would probably involve three to six months. Mayor Smith explained that we are aliowing a year for construction~ and · there would be this three to ~ix month' ~eriod for the F.C.C. certification and Clearance with the utility companies. He asked Mr.' Webb if his company would be able to meet this time requirement. Mr. Webb indicated that the telephone company has been very cooperative in the past and that the system in Los Gatos was bUilt. onschedule. Mr. Webb stated that there are fourteen origination studios presently in' operation in California ahd that programming is the new thing for Cable. He further stated that Teleprompter received twelve of twenty-six awards in 1970, and fifteen of twenty-five awards in 1971, which were based on several factors. He explained that their rates for cable s~rvice in the State of California are $5.50, with a connectio~ rate of $9.95. A converter would be necessary for systems of more than 12 stations,; and this converter would .be provided at no additional charge. Mayor Smith'asked Mr. Webb if this meant a subscriber w6uld be able to receive fifty-four channels f~r $5.50. Mr. Webb replied that this would be true. Mr. Webb indicated ~ha[ Teleprompter is big and 'strong financially and very competent. He further indicated that*once they make a committment for a franchise, they carry it out. He advised that thus far, Teleprompter has not commented regarding the performance' standards set~by the~citizens committee; however, he explainedthat'there were three aspects that they d.id not find acceptable: 1) The performance plan provides that the ~ystem must be self-contained; however the present system in Los Gatos would fit into Saratoga's system; 2) Local Originati6n Capacity - Teleprompter'would accept the franchise under the condition '[ha~ the origination station would be provided by the neighboring Los Gatos~system; 3) Access to and use of non- broadcast channels. MayOr Smith inquired if this company would still be interested in the fran- · chise if the wording in the performanqe standards'remained the same. Mr. Webb replied that they would not be able to offer a service that they could not afford tO give. The City Manager explained that Teleprompter previously had indicated that they could comply with these standards~, and tonight is the first mention of the three areas that they would not be able to meet. - 5 o The Mayor opened the floor to any members of the public who would like to comment on this matter. He indicated that it is very likely that this would be continued to a study session on Tuesday, October 24, at which time further. testimony would be. taken. Mr. Everett Bryan, Director of Saratoga Oaks Homeowners Association, advised that the members have asked that he inform the council 6f their interest in a cable T.V. system. Mr. Phil Jacklin, representative for the Committee of Open Media, stated that they have previously been interestedlin broadcasting and that they have been successful in~d__~l~f~e speech messages~ He indicated that he had met with Mr. Beyer who was very familiar with the kind of pattern being formed across the country and that he has a copy of Mr. Ziegle's report. He further indicated that his group is ihterested in the community services that the three applicants might lprovide. Mr. Jacklin indicated that they'wrote an ad hoc proposal and there are a number of points in which he would like to bring up from this proposal. He advised that the first order of business would be to oppose the application of Teleprompter." He explained that some citizens in SaBta Cruz had at one time become interested in a community services program, and they went to Teleprompter and were refused access.' He,~ therefore, advised that he would like to move to eliminate TeleprOmpter and consider the other two applicants for a franchise. Mayor Smith informed Mr. Jacklin that]this is a constructive public hearing~ and that we are here to discuss the applicants' best qualities and not to bring out rebuttal on this. Mr. Jacklin indicated t~at he feels it is notOunr~sonableDto present . counter-testimony, and that this is not a company thatis capable of the kind of service mentioned above. Councilman Diridon suggested that rather than go'into this now, it would be better' to continue at the Tuesday evening study session. Mayor Smith was in agreement with this suggestiop. Mr.<D~'m6ved that the public hearinglbe closed and continued to the next regular meeting and that the matter be taken up at a study session on Tuesday, October 24th; Mr. Diridon seconded the motion, and it was carried. C. 1972 GENERAL PLAN REVIEW~ Mayor Smith explained that the council has gone through the entir'e General Plan document and lsl-in agreement with several of the Plannin~ Commission!Is recommendations; however there were various items that the council was not in agreement with. He indicated that'in the past the council has sent the recommendations back to the Planning Commission after review. The Mayor then opened the public hearing. Mr. LeRoy Pangrac, 20305 Seagull Way, stated that he would lik~ to see the \ area on the east sfde of Saratoga-Sunnyvale ROad='(proposed shopping center) , be developed for Local C9rmnercial 'use~ add he felt there would be an advantage fo ha~ing additibnal s~ops in this area~ Mr. George Hamilton, Pr'esident, Saratoga Ecological Design, Inc., stated that there had been other homeowners in the subject area who were in favor ' of the ~roposed shopping center; however, they had to leave the meeting for personal reasons. Councilman Dwyer made the mot{on that ,the council approve 'the General Pla'n, except ~or those items which~[~ii~a'~n~e~n'~greement with, and these' items be referred back to the Plann~ Commission, as follows: - 6 - Page 1, LAND USE, Item 1, Residential - Item "b", second paragraphS- No action; Item 3, CommerciaI- No action. Page 4, SPECIAL ITEMS, Item 2, Retirement Housin~ - Items "~" thru "e" to be eliminated from report; h'~lPd~y~action regarding Retire- ment Housing. Page 4, ~CCUMULATED SPECIFIC ITEMS, Item 2, 'Visitor-Commercial - No action. Page 5, ~CCUMULATED SPEEIFIC ITEMS, ~Item 5, Dempsey Property - Re-designate zoning t6 "multiple" on Big Basin Way. Councilman Dwyer seconded the above motion, and it was carried. The City Man~ger~advised that there Will be a joint meeting with the Planning Commission on October 31, 1972. ~- D. PROPOSED NOISE ORDINANCE The City Manager indicated that there had been two adjustments made in the revised draft, these being 1) Modification of Section 8-87(b) to require that the registration statement must be .filed with the City Manager fifteen (15) days prior to the date on which the ~ound a~plifying.equipment is intended to be used; and 2) Addition of Section 8-92, stating ~that the ordinance shall terminate one (1) year from the effective date of its adoption. Mr. Beyer added that the other question which'hasn't yet been resolved is the question brought up by the utility companies as to whether or not they should be included under "Exception Permits". The Mayor opened the public hearing at 10:55 P~M. Joyce Sogg, Attorney representing the American Civil Liberties Union, indi- cated that she has several questions and concerns about the proposed ordinance, the first being Section 8-87(e), which requires ~that ~fifty dollar ($50)'deposit to be provided ~y the applicant, with the. possibility of forfeiting this deposit for defraying the cost of monitoring. Mayor Smith e xplainea that the attempt here is that if a rock band wants to perform at a park, this deposit would be used for,~cobts to enforce the ordinance,<D M]~s: Sogg was of the opinion that ehis intention should be specified and that there should b~ a section which covers registering the number of decibels before using the park.' She also stated that the ordinance.doesn't really state what "monitoring" means, and this leaves it to the judgment of the police services, and then the.citizen pays for this. Mayor Smith indicated that it would have to be a "balancing" effort between the Police Department and the City. Mr?sz~ Soggj indicated~that she would suggest that Section 8-87(e) be deieted~ and that she could under~'tand having a fee for a~ministering the ordinances but to require possible forfeiture of the deposit is ~unitive. Councilman Dwyer commented that he woulH think it to be appropriate to change the wording to read: "nQise produced by act%vity". ~___~ ~Mrs~S_~gg3 again commented that she feels this should fall within~g~.ppo- vinces of the Police Department's rouhine activities..~Sh~'s'e.a~ed'thatf~]~ ~fs'~.not only the wording but the fact that a citizen winds up'payin~76{~A _. activity shich should be within the normal limits. . - 7 - Councilman Dwyer stated that this_would seem no different than the deposit that is required for cleaning up a street after a block party. Faber JOhnston, City Attorney, commented that all of these costs are based on the anticipated cost to the City for administration and enforcement, and the only way we could get into trouble is by giving the money back. He s'tated that we should s'ay that it is going to cost $50, and give nothing back; but we are, instead, offering[to give some of it back. Mrs. Sogg stated that the Opportunity for Saratoga citizens to have the right to speak out or dance or sing:should not be restricted by discontented -" citizens who want to adopt an ordinance which puts restrictions on free speech. Mrs.; Sogg indicated that her second comment pertaining to the proposed ordinance would be the fifteen-day requirement. She continued by saying that she didn't see any provision which would allow for some kind of unexpected opportunity foe speech that might not be allowed for, and she felt there should be some kind of procedure outlined where a,permit could be obtained under the fifteen ~ay..~ Faber Johnsto~ indicated that he felt Section 8-88 would possibly cover this.~ However, Miss Saug stated .that she read this section over several times, but it seemed to her that itiwas addressing itself to a business that was making noise that couldn't immediately comply with the ordinance. Mrs'.-Sogg~further stated that SectiOn 8-87(f-2) implies that you can make ~61se, if it was non-commercial, between 7:30 A.M. and 8:00 P.M.; however, she felt that this paragraph should be cleared up. Mayor Smith was in agreement that this. paragraph should be clarified. Mr. Beyer indicated thatin paragraph "c" of Section 8-87, it does clarify the basis on .Which the City ManAger ,shall approve the registration statement; however, if it is the judgment of the Council that there should be a pro- vision which would allow for' use! on'short notice, then it should really be for an excellent use. He stated that what he is cohCerned with is that eventually the possibility that it might become the practice, rather than the exception~to grant the permit, and.he felt that some criteria for setting some guidelines should be discussed. Councilman Diridon.commented that h~ feels this'would be one of the factors tha·t would be looked at after the one-year period, and until that time, we are going to have to leave it up to;the good judgment of the City Managen Councilman Dwyer moved that the matter be continued at the next regular meeting; Councilmah Diridon seconded the motion, and it was carried. VI. C_~MI~%TR~I~VE~__~ER~ -~' ~ A. MAYOR 1. Declared October 31, 1972, as "~nicef Day" 2. Commission Appointments - To be announced at the next regular meeting. B. FINANCE ~ 1. Payment of Claims '- It was moved by Councilman Dwyer and seconded by Councilman Diridon to approve t~e list of disbursements and authorize the Mayor tosign the warrants. The motion was carried. - 8 - 2. City Clerk's Financial Report - Noted and filed. 3. Treasurerio Report - Noted and filed~' C. COUNCIL AND COMMISSION REPORTS 1. ABAG - Regional Airport Systems Study - It was moved by Councilman Dwyer and seconded Lby Councilman Diridon that the City communicate its comments to ABAG Re: the Regional Airport Systems Study. The Emotion was carried. 2. Proposition 14 - It was moved byICouncilman Diridon and seconded by Councilman Dwyer that Resolution 641, Opposing Proposion 14 and Urging Its Defeat, be adopted. The motion was carried. 3. It was moved by Councilman Dwyer and seconded__b~y_ Cou~ncil_m_~a~n D~i~d~_ t ' 1 i 2L_End°rs~~~!b~sic D. DEPARTMENT HEADS AND OFFICERS E. CITY MANAGER 1. Requested authorization to negotiate with the State Department of Finance to carry out a populatio~ estimate survey, for the cost of $360. It was moved by Councilman Dwyer and seconded by Councilman' Diridon that the City Manager b~ authorized to take this action. The motion was carried. VII. CO~UNICATIONS A. WRITTEN 1. Letter from James C. Brown, President, Northwest Saratoga Homeowners Association, advising the City ofltheir position against change in. zoning of the Miljevich propertie~ - Noted and filed, 2. Letter from Gene Zambetti, President, Saratoga Chamber of Commerce, requesting that the City pay the previously agreed upon amount of $650 and that the Village Merchants Association not be required to match this amount - City Manager to communicate with the Chamber of Commerce about the possibility of Village Merchants contributing one- half of the $650 amount. 3. Letter from Charles Guichard, requesting refund of $25, due to re- submission of application to subdivide property into two sites - ~t was moved by Councilman Dwyer and.s~conded by Councilman Diridon that this request be granted. The motion was carried. 4. ~Letter from Mr. and Mrs. Carmen Albonese, expressing s~pport for retirement condominiums on Saratoga-Los Gatos Road - Noted and filed. 5. Letter from Mr. and Mrs° Frank Dorsen, expressing support of retirement condominiums on Pace Property - Noted and filed. B. ORAL 1. Mr. Tom Sawyer, 20790 Mirado, prgposing that the 'City pick up the property which is currently being held by Fremon~ School District for recreational purposes - It was agreed that further consideration would be given to this during the five-~ear review of the General Plan. 2. Dr. Isaac Abrams~ Re: Lot 17 on Edina Lane in Summer Place Subdivision~ Design Review Report indicates that a two-story home cannot ~e built · on this lot - It was suggested that Dr. Abrams re-apply to the Planning Commission for reconsideration of this restriction. ~III. ADJOURNMENT It was moved by Councilman Dwyer ~nd seconded by Councilman Diridon that the meeting be adjourned, The motion was carried, and'the meetinglwas adjourned at 12:30 A.M. ~=_II~ . ~ espectf ~ ~mitt~d~o~ espect~ Ro ~ C~t C1 ~ ~ ' - 10 -